A wrongful death claim is lodged if someone dies due to the defendant’s negligence or deliberate act. When a wrongful death happens due to someone’s intentional or unintentional action, the estate and/or the near and dear ones of the deceased person is entitled to file a lawsuit against the person legally responsible for the death. There are no uniform wrongful death laws throughout the country. However, these lawsuits are brought by someone representing the deceased person’s estate, usually on behalf of the affected family members.
Ground for Wrongful Death Claims
A wrongful death claim is applicable in a situation where the dead victim would have valid reasons to lodge compensation claim for his injury due to someone’s wrong action. It can happen in several situations:
Death Due to Medical Malpractice: If a patient succumbs to death due to wrong or delayed diagnosis, carelessness or incompetence of a medical service provider, it makes a strong ground for filing a wrongful death lawsuit.
Death Due to a Deliberate Action: If someone’s intentional action is responsible for other’s death, the victim’s family is entitled to file a lawsuit against the wrongdoer.
Car Accident Casualties Due to Someone’s Negligence: A wrongful death lawsuit is applicable in a situation involving death of a victim due to his injury in a car accident.
From the above discussion, it is clear that some personal injury cases have valid points to be considered as wrongful death cases if the injury causes death to the victim. A wrongful death claim can arise from any type of personal injury case though work injuries are remarkable exceptions even if these results into death. Injuries and deaths at workspaces are handled with the help of worker’s compensation system.
What Needs to Be Proved?
After a wrongful death lawsuit is filed, it is the plaintiff’s responsibility to prove the allegation against the defendant. By proving that the defendant’s wrongful action or negligence was a direct cause for the victim’s death, the plaintiff can assert that the compensation claim has been brought to recover damages caused by the death.
Who is Entitled to Lodge a Wrongful Death Claim?
A person representing the deceased’s estate is entitled to file the case on behalf of survivors close to the victim. Who are these survivors? Well, the definition varies from one state to another:
- Every state allows a spouse to file a wrongful death case after death of his/her spouse.
- Parents of minors are also entitled to file a wrongful death lawsuit if one of their children is murdered.
- The minors can file compensation claim after the death of their parents.
- Some states let the romantic partner of the dead person file a wrongful death lawsuit after his partner dies due to someone else’s fault, negligence or intentional action.
The more distant the family relationship is, the harder it gets to receive wrongful death compensation.
Why to Hire a Lawyer?
A wrongful death lawyer is who has immense knowledge and experience in dealing with wrongful death cases. These cases are complex and therefore require expertise on another level to prove that someone was responsible for the victim’s death. Skill of an experienced lawyer, who is ready to help with your wrongful death case, deserves the amount of fees you are required to pay for his service.