Confronting the loss of a loved one is never easy — especially in the aftermath of a shocking accident.

The death of a loved one directly impacts those around them in a variety of ways. And while it’s unsettling to think about the consequences of reality due to the loss of a loved one, family members may be entitled to legal recourse in the first two years following the incident. 

Wrongful death claims are enacted by the Family Law Act (FLA) — it allows family members to pursue compensation following the loss of a family member. The claim is available when the individual family member has been killed due to the fault or negligence of another. 

Navigating a wrongful death claim is emotionally taxing. Here at Gosai Law, we want to help family members who are suffering from such a loss. Our team is here to make the process as seamless as possible in order to help family members pursue the recourse they deserve. 

What are Wrongful Death Claims?

Typically, wrongful death claims are caused by car collisions, medical malpractice, product liability cases, and other accidents caused by negligence. 

Viable Wrongful Death Claims

In order to pursue a wrongful death claim, there is a set of criteria that must be met:

• The plaintiff must be related to the deceased person as described in the FLA — they must be a spouse, child, grandchild, parent, grandparent, or sibling;
• The deceased person had to have been killed by fault, or due to the neglect of another; 
• Under different circumstances, had the incident not been fatal, the deceased would have been entitled to recover damages; and,
• The plaintiff (a family member, as outlined in the first point) has suffered damage of their own due to the loss.

Of course, there is nuance within every case. “Family” can be defined in multiple ways. It is understood that no familial situation looks the same, and this will be taken into consideration should a family member choose to pursue legal recourse. 

Damages For a Wrongful Death Claim

There are many damages the family member of a deceased person can recover. These can include pecuniary (financial compensation) and non-pecuniary damages. 

Here are some examples of the damages a family member can recover:

• The costs for caring for the deceased person before (or even after) their death; 
• Travel expenses (accumulated while visiting the deceased person after their injury but before their death); 
• Lost income due to the death of the loved one, speaking to the loss of income the deceased person would have continued to bring in had they survived; 
• Other expenses that would have been taken care of by the deceased person, like maintenance and repairs the deceased person previously saw to;
• Funeral expenses; and,
• Compensation for the loss of guidance, care, and companionship. 

Every case is different, which is why it’s important to enlist the help of an experienced wrongful death lawyer who can help you navigate the complexities of such a case. 

Gosai Law is Here to Help

Grieving the loss of a loved one is never easy. 

We at Gosai Law are here to help — if you are suffering due to the loss of a family member, call us. We offer free consultations and are happy to discuss your case.