It’s quite painful and challenging to deal with the loss of a loved one. The pain can easily double if that death was caused by the actions or negligence of another party.
In addition to the pain of the loss, you have to revisit the activities that led to that death in a court of law. The process of filing a wrongful death claim is not easy, but with the proper guidance from a wrongful death law firm, you can successfully get compensated for the loss of your loved one. If you are not sure how wrongful death lawsuits work, let’s discuss what it is.
What is a Wrongful Death?
Wrongful death occurs due to misconduct or negligence of another person or entity. Family members of the victims may sue the person or entity for wrongful death seeking compensation for the survivor’s losses. This compensation includes lost wages, funeral expenses, and loss of companionship, among others. For a wrongful death lawsuit to recover compensation, the family members must prove certain things, such as:
- The damage associated with the death
- The actions of the person or entity were directly involved in the loved one’s death.
- The person or entity behaved negligently or committed an intentional act that led to the death of the loved one.
When proved beyond a reasonable doubt, the family members of the deceased can be awarded compensation by the court or may be offered a settlement by the party involved in the deceased’s death.
Who Can File a Wrongful Death Lawsuit?
You can file a wrongful death lawsuit if your loved one dies due to a person’s fault. For instance, you can file a wrongful death lawsuit if a family member falls and dies due to the landlord’s negligence. You can also sue a company for the death of a person who died as a result of working with faulty equipment. As painful as they’re, such deaths are common and can leave families broken and devastated. The laws for wrongful death vary from one state to another. Each state defines who is allowed to file a wrongful death lawsuit and provides a limit on the amount that can be awarded for damages.
When Does Wrongful Death Claim Apply?
A wrongful death applies to specific situations where the plaintiff and the defendant argue that if the defendant could have done something to prevent the death, the deceased would be alive. Such situations include:
- Intentional killing: A wrongful death lawsuit may apply if someone kills another intentionally by failing to do what is required. This lawsuit can be charged along with other civil lawsuits, which are separate from criminal cases.
- Medical malpractice: If a doctor fails to diagnose a condition correctly, which causes a person to die, or if the doctor acts negligently with the care they provide to the victim and the patient dies due to this negligence, a wrongful death lawsuit can be filed against them.
- Automobile accidents: If investigations find that the negligence or carelessness of an individual caused the death of another, the family members of the victim can file a wrongful death lawsuit seeking compensation. These include driving while intoxicated or reckless driving.
Wrongful Death Lawsuit vs Personal Injury Lawsuit
A wrongful death claim is similar to a personal injury claim, only that the accident leads to death instead of injuries. In a personal injury lawsuit, the victim can seek compensation from the person they believe harmed them and must provide evidence that the defendant’s actions intentionally or negligently caused them harm. In a wrongful death lawsuit, the deceased’s family pursues the case against the person, people, or entity believed to have intentionally or negligently caused the death.
Wrongful death lawsuits aren’t the easiest to work with. Fortunately, with a good lawyer, you can receive the compensation your family deserves for the wrongful death of your loved one.
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