Topic: Wrongful Death
A wrongful death lawsuit is filed against a person, business, organization or government that has caused a death through intent or by negligence. This lawsuit is done by surviving family relatives of the deceased or possibily other affected parties, referred to as the estate, often represented by an attorney.
What qualifies as Wrongful Death?
This is in a case where a person who otherwise died because of an intentional harmful act or negligence by the defendant. This could be in different scenarios:
• Intentional killing for example in the case where one person is sued for the death of another.
• Death from medical malpractice. This is where there were a wrong diagnosis, careless operation and treatment and negligent patient care.
• Death from a Car accident where the victim dies from the accident’s injuries.
Wrongful death applies in any case where a harmful act or negligence led to personal injuries resulted in death. It should be noted that deaths in the workplace are sued through workplace compensation lawsuits.
How is it proven?
The plaintiff must show that the deceased would have lived if it was not for the actions or negligent of the defendant. In a medical malpractice lawsuit, for example, it must be shown that the medical breached medical standards in treatment and care, which directly led to the death of the deceased.
How is it filed?
Filing a wrongful death lawsuit can be done by an appointed representative of the estate of the deceased. The definition of the survivors of the deceased varies from state to state but in all state, a parent, child, and spouse can file a claim. Some states allow life partners and financial dependents to file claims.
What is compensated?
The categories that can be compensated for include:
• Survival claim which is the deceased person’s pre-death pain and suffering
• Medical costs that were incurred by the deceased for injuries prior to death
• Funeral and burial costs
• Loss of income expected over the deceased’s lifetime
• Loss of any inheritance the deceased would have come to
• Loss of value of the services by the deceased
• Loss of care, guidance, and nurturing to the family
• Loss of love, companionship, and consortium
Why use a wrongful death attorney?
The burden of proof for wrongful death lawsuits is very high. It requires careful preparation of the evidence and careful studies of the logic that linked the death of the deceased to this evidence. if you’re in need of guidance in Wrongful Death Case Law it is a good idea to consult with an experienced lawyer. A wrongful death attorney is the best representative in such a case as he is experienced in such tasks.