Originally posted on March 19, 2020 @ 7:41 am
- 1 Why file a wrongful death lawsuit
Why file a wrongful death lawsuit
The loss of a loved one is a severe blow. Even if you were prepared for their death, it can cause you a great deal of emotional pain and turmoil. An unexpected death is much worse. Such a shock will not only affect your feelings; it may also threaten your material survival. If you suspect that your loved one’s passing owes to the recklessness or negligence of another, then you should contact a wrongful death attorney. You are entitled to damages if the person you loved, cared for, and depended on was suddenly taken from you because of the action or inaction of another person. A wrongful death attorney is the only one who can help you get the compensation you deserve.
Although you cannot bring your loved one back, you can hold people accountable. The best remedy to a wrongful death is to file a wrongful death suit. A wrongful death lawsuit is a civil court action in which the surviving family members demand a certain amount of damages or compensatory money from the people responsible for the death of their loved one.
A wrongful death suit, like all civil suits, must have legally supported reasons for its claim. In working with your attorney, you can establish the premise that your departed loved one lost their life owing to someone else’s negligence or inattentiveness, or that they intentionally acted to deprive your loved one of their life.
To succeed in your suit, you must establish two things. You must prove that the action or inaction of the other party led to the death of your loved one, and that you have suffered measurable damages as a result of their passing.
It is not always easy to establish these two truths. That is why your wrongful death attorney will carry out a thorough investigation of the circumstances that led to the event which carried your loved one away. Your attorney will review the police accident report. They will also employ their in-house investigators to re-examine the scene of the event. These investigators will also interview people who witnessed the death. If it was an accident in public, they will track down the individuals who happened to be in the area at the time. If your loved one died at the hands of a medical professional, the investigators will speak to other people who were on the care and treatment team.
In many instances, it is possible to get statements from people who would not talk to the police. Your legal team may also find someone who captured the events leading to your loved one’s death on their phone camera. This can be crucial to proving your version of events.
The Most Common Wrongful Death Suits
You can file a wrongful death suit for nearly any type of accident in which you believe there was reckless disregard for the health and safety of your loved one. However, these are some of the common kinds of suits:
1. Car accidents
The fact that your loved one was a safe and conscientious driver may not have been enough to save their life. If they died as a result of the injuries sustained in a car crash, your wrongful death attorney will do all that is in their power to gather the evidence and prove that the other driver was at fault.
2. Product defect
The designers and manufacturers of consumer products have a duty to ensure that all the items they distribute to the public are safe. They must put their products through the most rigorous tests and remove any feature that may cause harm to the end user. Such products must also provide consumers with the right information. Everyone one who uses them should have proper instructions on how to properly operate or ingest the product they have purchased.
3. Medical malpractice
Physicians are entrusted with an enormous responsibility. People go to them when they are sick and vulnerable, and they expect them to offer advice and treatment that will make them better. A physician whose incompetence or negligence leads to the further injury or death of a patient under their care should be held accountable.
Diagnostic error, surgical error, and prescription error are the most common kinds of medical malpractice. Any one of them could have cost your loved one their life.
The premeditated and intentional taking of another person’s life is a criminal act. The prosecution of the person responsible for it is handled by the state. However, it is possible to file a civil suit against the person who murdered your loved one or whose actions caused them to be killed. Even if the criminal prosecution against the alleged perpetrator did not result in conviction, it is still possible for you to file a wrongful death suit against them. You can use the evidence collected by the public prosecutor. And your suit may be successful, as the standard in a civil suit is lower that a criminal prosecution: it is preponderance of the evidence rather than unreasonable doubt.
Who Can File a Wrongful Death Suit?
In all states, surviving spouses, children, and parents can file a wrongful death suits. In some states, it is possible for extended family members, including grandparents and siblings, to file such a suit. The laws of your state may also allow non-married partners and non-related dependents to file a suit. If you can prove that you had a long-term relationship with the deceased and depended on them financially, then you may be able to file suit. You should speak to your lawyer to find out what is allowed in your state.
The Damages You Can Collect
The sudden death of your loved one may threaten your financial survival. Here are some of the damages you can collect in a wrongful death suit:
- Medical bills and burial expenses
- Damages for lost wages and potential future earnings
- Damages for pain, suffering, and emotional turmoil
- Punitive damages
Benefits of Filing a Wrongful Death Suit
If your loved one was suddenly taken from you, there should be some accounting for it. The people who have brought so much grief and anguish to your family should be held accountable for what they did. Filing a wrongful death suit can help you meet this aim.
Filing a suit can also help you recover financially from the blow of earning the primary breadwinner in the family. You may need to cover outstanding medical bills, and then there is the need to make up for loss of income. The money that you receive in a wrongful death suit can help you get your finances back in order.