Wrongful Death: Do You Have a Wrongful Death Claim?
The beneficiaries or surviving dependents could possibly be entitled to compensation resulting from the wrongful actions of the defendant.
(*view source below) However, it is incumbent upon the survivors to prove the individual is liable.
To do this the survivors have to establish the person they hold liable had a responsibility to behave in a certain way, and that a death was caused because of the failure of the individual to exercise proper care.
Essential to this process is an attorney who is knowledgeable in the section of law that deals with wrongful death.
How to decide if you require a wrongful death attorney: There is a possibility you have a claim if a loved one was killed accidentally.
Determine if the death was the result of misdiagnosis, medical malpractice, or medication errors.
Did the individual die because another driver was not paying attention? Did a defective product cause the death of a child? A wrongful death attorney needs to investigate these questions and guide you through the legal process in order to find closure and healing.
The causes of wrongful death: There are several situations in which a wrongful death can occur, many with circumstances making it appear accidental in nature.
These include reckless driving, auto accidents, construction accidents, medical malpractice, product liability, defective products, workplace accidents, truck accidents, mistaken identity, unsafe premises and negligence or inaction.
Knowing what caused the death can assist families during the healing process by offering closure.
If the person liable is not criminally charged, the family may still hold the individual responsible for their wrongdoings.
Who initiates the wrongful death claim and what compensation is due? Even though money will never make up for the loss of a loved one, the compensation received can greatly relieve some of the burden of financial loss the family suffers.
Statutes differ between states, but generally only the children and spouse of the deceased can file a wrongful death claim.
In some states distant relatives, such as grandparents, stepparents, and siblings are allowed to file a lawsuit.
A wrongful death attorney will undertake to seek damages for the surviving family.
Damages usually include financial losses incurred, such as that of future earnings and benefits, as well as pain and suffering, the loss of protection and care, and other damages that depend solely on the specific case.
If it is proved the liable party ignored the safety of those around them, the family might also be entitled to punitive damages.
This helps to ensure the person liable for compensation does not harm other individuals in the future.
What to do if you think you have a claim: Get in touch with an experienced wrongful death attorney.
Losing a loved one is one of the most difficult things a person can go through.
The experience is made more painful in the knowledge the death could have easily been prevented if the party liable had acted in careful manner.
By seeking out a qualified attorney the surviving family stands a better chance of receiving a fair and reasonable settlement.