When Is a Wrongful Death Lawsuit Needed


Going by the definition, wrongful death lawsuit is filed when a death of a person takes place due to intentional reasons or negligence of another person. As a friend or family member, you can raise this claim against the person who you consider is guilty of the act. For hiring wrongful death case attorneys, you can visit their website here. According to www.abovethelaw.com specialized wrongful death attorneys can be of great help to the deceased loved ones, in such difficult times. Usually, such cases must be filed by the representative of the estate on behalf of the other affected parties and the family of the deceased.

The first thing to understand about a wrongful death claim is, it is completely different from a personal injury lawsuit. Here the death of a person has taken place due to the negligence or wrong intentions of the defendant. There can be a variety of situation where such incidents could occur. One situation could be when another murder a person due to some personal grudge. There can be a case where a person dies due to medical malpractice. Death in a car crash, due to another car driver’s negligence on the road. These are only a few major cases where a wrongful death occurs; there has been much more in the history of law.

Though personal injury and wrongful death claims are two different things, a wrongful death claim can originate from any personal injury matter. Nothing should worry you about filing a lawsuit when you are fully aware of the wrongdoing. Once you consult with a wrongful death attorney, they will provide you sufficient insight into how the case is going to be built. When you have finalized working a particular attorney, make sure you have all the proofs regarding the case that the victim would have provided if he or she had lived. For instance, when you are representing the case on behalf of the victim you must have all the proofs that support your claim that there was negligence from defendant’s side.

One cannot just say medical malpractice, negligence and other problem to prove the crime of the defendant. There has to be strong proof supporting the act of breach of duty by the defendant. In case, it was a planned murder there have to be significant proofs that support the claim. When planning to claim compensation, there are few sets of claims that can be considered valid in the court of law. A survival claim can be filed which considers the pre-death sufferings the victim had to undergo. The medical costs incurred by the victim as a result of the injury and treatment.

Loss of companionship and love is a massive loss for any human being, and it holds importance in the law of court also. When there is a loss of the earning member of the family, it stands as a claim for demanding compensation in a wrongful death case. These were only a few types of claims that stand true in the eyes of the court.