Important Things to Remember about Wrongful Death Wrongful death is one of the statutes of law that one can base legal action on. It is basically described as the death that results from negligent behavior in part of the defendant. Under this statute, the heirs of the victim have the right to claim for damages and remuneration from the defendant’s side. In order for a death to be eligible to be pursued as a wrongful death claim, there should be enough evidence and testimonies that show that the circumstances were beyond the control of the victim but could have been possibly prevented by the defendant. One good example is a transport driver’s actions that cause an accident, which, in turn, results to the death of the victim. Drunk driving, which results to accidents, is a typical basis for a wrongful death claim. The heirs of the victim can pursue for damages against the drunk driver under the law. Another important thing to do when brewing a wrongful death claim is to ascertain that there is direct damage suffered by the descendants or heirs of the victim as a result of the death. For example, if the death of a child has caused considerable emotional distress among the family, there is a ground for a wrongful death claim. On the other hand, the loss of a husband or spouse can result to a loss of parental guidance and monetary support for the family. That, as well, is enough ground for making a wrongful death claim. Once proven and won in court, the family will then receive compensation for the damages. This compensation will likely be used to recover the costs incurred as a result of hospitalization of the victim before he died, as well as expenses related to funeral and burial services. Although the statute purports to compensate for the emotional and social losses incurred by the family, we all know that it is not possible as they could not bring someone back from the dead. Who could be eligible to receive the damages allocation from the court? The truth is, not everyone in the family can have the title of “heir” to the victim. Here are the specifics: If the victim is a married person, then the heir is considered to be the wife and any children left behind provided they have legal evidence of their union. If the victim is a person who has children but is not legally married to the mother, then the children are considered the heirs and recipients of the damages. If the victim is a minor, then both parents are heirs regardless of the legality of their relationship.