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If you or someone you know is filing a wrongful death case, you might be confused about what it means and what it consists of. Seeking a wrongful death attorney allows you to gain help and learn more about the process. A wrongful death case is filed when someone dies and their family members want to sue.
The lawsuit is meant to help the survivors be able to cover some of the losses that they experience including lost wages, funeral expenses, and lost companionship.
This guide will cover all the details you need to know about wrongful death cases including what they consist of and how you might file one if needed.
Most of the time, the loved ones of the deceased person will be the ones to file a wrongful death lawsuit. It can be filed when a loved one dies because someone else was negligent or behaved in a way that caused the other person harm or death.
If you file a wrongful death lawsuit, you will be suing the person who is believed to be at fault. The person will have to be proven to be at fault. This includes someone who killed another in a car accident or someone like a medical doctor who acted in a way that caused a patient to die.
Where you live depends on how you can file a wrongful death lawsuit. Different states also provide limits on the amounts of damages that can be given. So, you always want to consult with an attorney to see what the rules are where you live and how you can best file a lawsuit.
You might not be sure if you can file a wrongful death claim or not. The best way to determine if you can file one is to talk to an attorney. They can give you the legal advice you need to see if you can file a wrongful death claim and they can give you advice on the damages to seek as well.
Here are some of the situations where most people can file a wrongful death lawsuit.
Medical Malpractice
Doctors who have medical malpractice can be sued if they acted negligently and then caused a patient to die because of their carelessness. Survivors will usually file the claim against the doctor or hospital as well as other medical care providers
If your loved one died as a result of a doctor being negligent, you usually have enough cause to file a lawsuit against them as long as the malpractice can be proved.
Car Accidents
Unfortunately, there are many times that people file wrongful death lawsuits when their loved one has died in a car accident. If your loved one has died in a car accident, police officers will first have to determine if the person behind the wheel was acting negligently and caused the death of the other person.
Most of the time, a driver is considered negligent if they are drinking and driving or if they are not paying attention to any of the road rules. This is considered reckless driving and can cause injuries and death.
Intentional Killing
This one is a little different because the death was not caused by negligence, but rather the killing was intentional. It also becomes a criminal case if the person was murdered. The relatives and loved ones can still bring a wrongful death case to the court.
Before you can bring a wrongful death lawsuit to court, there are many different elements that have to be present. If you are having trouble knowing what you need, an attorney is the best person to help you gather all the evidence and present your case.
Here are some of the elements you will need to bring before the court:
Proof that the person’s death was caused by negligence or that someone was intending to cause them harm and it resulted in their death.
A personal representative needs to be appointed to be in charge of the estate and money of the deceased person.
Injuries related to the death are presented.
Amount of money or other things being asked for in relation to how the person died.
Each state also has a statute of limitations so you want to make sure you file the case before it passes or the claim will not be accepted by the court.
When it comes to showing that the death of your loved one was caused by negligence, it can be a hard process to prove this to the court. This is why you need to find a good attorney who can help you with the cause and all the evidence.
You will also need to ask the hospital or police officers for records which is easier done with an attorney.
The amount of your settlement will be determined by many different factors. First, all the bills will have to be looked at. For example, you might receive compensation for funeral expenses and medical bills.
There will also be a value put on pain and suffering. You might also be compensated for lost wages if the person who passed away was the head of the household and was the person in charge of paying all the bills and supporting the family.
The at-fault party will send the settlement to your attorney will then deduct their fees and legal costs. You will then receive a check for the rest of the amount.
Wrongful death lawsuits can be complicated but when you work with an attorney, they can make things simple especially when you need to gather all the evidence and present it to the court.
Filing a wrongful death lawsuit can also be difficult because you have recently lost a loved one and now you are trying to recover the losses and put your life back together. Make sure to partner with a good wrongful death attorney.
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