Any kind of personal injury claim can be a distressing time for everyone involved. But a wrongful death case? Utterly devastating. If you and your family are going through the loss of a loved one due to the negligence or the deliberate actions of someone else, then you might be wondering – aside from the criminal case – where you stand legally.
Here you’ll find information relating to a wrongful death claim.
What is a wrongful death lawsuit?
As mentioned above, if you have a loved one who has died due to the negligence of someone else or a deliberate act that took their life, then a wrongful death case could be brought against them by your attorney. It’s a way for family to receive – in addition to a criminal conviction – compensation for things such as a loss of earnings, the loss of a companion, financial stability and funeral costs.
Is a wrongful death applicable in your case?
If the victim hadn’t died as a result of negligence, would they have had a more straightforward personal injury claim? This is usually the benchmark for wrongful death cases, but you should of course speak to your own attorney for confirmation. Here are some of the scenarios where a wrongful death case could be brought.
An intentional act – When someone takes the life of someone else then criminal proceedings naturally take place. You can also file for a wrongful death claim, the case would run adjacent to the criminal case.
Medical malpractice – The death of a loved one due to medical malpractice, seems so unjust. They might have gone in for a routine surgery, or something a little more serious but have died as a result of medical malpractice. If the level of care wasn’t what it should be, then a wrongful death claim could be applicable.
Car accidents – car fatalities that indicate that negligence was the main cause of the crash could be applicable in a wrongful death claim. Remember, it’s always best to speak with your legal representative.
What kind of damages does this cover?
Damages that you can receive compensation for vary, but here you’ll find a selection of the most common categories.
The medical treatment costs – This could easily be in the thousands. Even more so if the victim’s life was prolonged by medical professionals after the incident.
Funeral costs – The unexpected cost of a funeral can be devastating to a family’s finances.
Loss of income – The deceased might have been the sole bread winner of the family, or their income contributed to the family’s financial state. Even so, the loss of an income can have a devastating effect on a family.
Loss of companionship – The loss of a life partner is devastating.
Loss of care and guidance – If there are children that will no longer receive the emotional support of their loved one due to the negligence of someone else then this could also be applicable in a wrongful death case.
Remember to speak to your attorney for more information.
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