Losing a loved one is never easy — especially when they suffered a wrongful death that was out of their control. It can seem like the greatest injustice and, as a loved one, you might find yourself wondering how to make things right on their behalf.
But what exactly constitutes a wrongful death and how do you know whether you have a case that’s worth filing? In short, you’ll need to prove negligence and a good amount of it. And for that, you’ll need the right professional on your side.
To learn more about this process, just keep on reading.
What Constitutes Wrongful Death?
As mentioned, a wrongful death lawsuit hinges on negligence. As a civil lawsuit, you might seek justice or compensation on behalf of a loved one that is killed by the negligence of another person or entity.
In many cases, these types of deaths result from negligence-based accidents, but also include instances of intentional violence. In this case, the perpetrator would also face criminal charges.
These types of lawsuits are similar in nature to a personal injury claim. The only major difference is that your loved one cannot speak for themselves and bring their claim forward, so you will need to do it for them.
You will need to find a lawyer with experience in this specialty to build your case.
Common Examples of Wrongful Death
In short, a wrongful death claim works the same way a personal injury claim does (for the most part). If a person suffers serious injury due to another’s negligence, they can claim for this. If the injury is serious enough to result in death, you have a wrongful death claim on your hands.
Some of the most common instances include:
- Intention to harm or kill someone — even if this falls under criminal jurisdiction, you can still claim for it in civil court
- When a person dies due to medical malpractice
- Car accident fatalities caused by the negligence of another driver
In essence, you have grounds for a wrongful death case from any number of situations. However, there is one exception to the rule and that is work-related deaths/accidents. These types of cases must process through the worker’s compensation system.
Who is Legible to File Such a Lawsuit?
Almost anyone directly related to the deceased has the right to pursue a wrongful death claim on behalf of another person. Generally, this includes the spouse or children of the deceased.
However, these stipulations may vary from one state to the next. Each statute outlines who can claim for wrongful death and places a limit on the damages you can claim for.
Most of the time, the compensation from a wrongful death claim centers on financial and orphans.
Keep Your General Knowledge On-Point
If you believe that you have a legitimate case of wrongful death that you’d like to claim for, you’ll need to find yourself the best legal representation, first. These experts can advise on the strength of your case and whether it’s worth filing or not.
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