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Wrongful death refers to a legal claim that is made when a person’s death is caused by another party's negligence, reckless conduct, or intentional action. In Port Moresby, Papua New Guinea, the laws surrounding wrongful death are complex and require professional legal aid to successfully navigate.
There are several situations when you may need a lawyer related to wrongful death cases. These include when a loved one's death is linked to medical malpractice, workplace accidents, auto accidents, or intentional violent acts. Lawyers can help in the collection of evidence, presentation of the case, calculation of damages, and negotiation of a fair settlement.
In Papua New Guinea, wrongful death claims are governed by both common law principles and statutes. Claims must be lodged within three years of the death. Unlike many jurisdictions, Papua New Guinea does not allow punitive damages in wrongful death cases. However, various forms of compensatory damages are available, ranging from loss of support and maintenance to funeral expenses and emotional distress.
If a business or government entity is found to be at fault, they can be held responsible for the wrongful death. Establishing liability in such cases can be challenging, and legal assistance is vital.
Typically, the immediate family members of the deceased, such as the spouse, children, and parents, have the right to file a wrongful death claim.
In Papua New Guinea, you have up to three years from the date of the death to make a wrongful death claim.
While punitive damages are not permitted, you can claim for financial loss, including loss of earnings of the deceased, loss of maintenance and support, funeral expenses, and emotional distress.
In some cases, wrongful death claims can be settled out of court. However, if a fair agreement cannot be reached, it may be necessary to go to court to seek justice.
The Public Solicitor’s Office of Papua New Guinea is a great starting point for finding legal aid. Moreover, the Papua New Guinea Law Society can provide references for private lawyers specializing in wrongful death claims.
If you believe you have a wrongful death claim, it is advisable to immediately seek legal assistance to understand your rights and to ensure you meet the three-year statute of limitations. Engage with lawyers who have experience in wrongful death claims as they can provide valuable counsel during this challenging process.
