Accidents could happen at any time. They could happen when you’re just walking on the street or when you’re having fun like never before. This is why everyone tells you to live your life so you have no regrets.
Life is fragile. This is why it’s better to value your loved ones and show them that you’re happy to have them in your life. Losing someone dear to you is painful.
However, what’s more painful is losing someone due to the negligence of others. Let’s say that, for example, a relative of yours goes overseas to make income. An unexpected event takes place and they have to be rushed to the hospital. Once there, they are neglected or abused, until it’s too late for the patient. In this case, the institution should be held accountable for the death, right?
This is where a wrongful death claim comes into play. However, can you file one if the deceased is somewhere else on the globe?
What Is a Wrongful Death Claim?
A wrongful death claim is something that can be filed if a person dies as a result of someone else’s carelessness. Basically, it’s someone’s fault that the individual is no longer alive.
Through a wrongful death claim, the decedent’s relatives could seek compensation for the loved one’s loss. The compensation could include medical and funeral expenses, as well as expenses for the suffering, pain, and death of the patient.
To be able to file a wrongful death claim, you must:
- Prove that someone dear to you has died as a consequence of someone’s negligence or intention to harm
- The relatives are suffering financially as a result of the person’s death
Does It Work If the Person Has Died Overseas?
Wrongful death claims can be filed if the death has occurred somewhere else in the world. However, there are some circumstances that you need to consider. Every state has different laws about such cases. Therefore, it’s better to consult with an attorney who can check the laws and advise you what to do.
In some states, there is this thing called “survival action”, whereas other states have normal wrongful death laws. Depending on where the death occurs, usually, the children, spouse, and parents benefit from the person’s death. If the decedent was just a friend or partner, you couldn’t file a wrongful death claim.
As mentioned above, it depends on the jurisdiction. In some jurisdictions, the defendant is not always held as the only one accountable for the deceased. Liability might still be applied even if the defendant is only partially responsible for the death.
When a loved one dies, you might be very confused about what your next move should be. This is especially true if the death took place in another state. However, seeking the help of a personal injury attorney may guide you through all of this.
Filing a wrongful death claim if someone has died overseas is indeed possible. However, seek advice from an experienced attorney before taking action. He can check the laws and tell you what the options are.