Who should file a wrongful death lawsuit?

by Oct 15, 2019Wrongful Death

Who should file a wrongful death lawsuit?

by Oct 15, 2019Wrongful Death

Get help filing a wrongful death lawsuit - Bodden and Bennett Law Group
Get help filing a wrongful death lawsuit - Bodden and Bennett Law Group

A wrongful death lawsuit or claim can be brought against a person or company that may have brought about someone’s death.

The action that caused death can be due to negligence. Family members may be able to file a wrongful death lawsuit against whoever is responsible for the death. If you believe that the death of a family member was caused by negligence or intentional action, you may have the right to follow a wrongful death claim. Before doing so, however, you should understand more about what these claims entail.

What Are Wrongful Death Claims and Lawsuits?

Wrongful death claims and lawsuits can be filed if a family member of yours died because of injuries that occurred as a result of negligence. These actions can be done by an individual or company. While criminal law may allow for the person or company responsible for the death to be charged with a crime, civil law provides members of the family or estate with the ability to seek compensation in the form of civil damages.

The compensation that can be sought with a lawsuit extends from funeral expenses to emotional pain and suffering. The lawsuit or claims process can be lengthy and complicated, which is why it’s recommended that you have an experienced attorney by your side throughout the entire process.

When These Claims Are Appropriate

A wrongful death claim can be filed for many different situations. Family members of the victim can bring a civil case against the responsible individual even if they are currently being charged with murder or manslaughter in a criminal court.

You may also want to consider filing one of these lawsuits if the victim died because of medical malpractice. If the level of provided care was inadequate or a condition wasn’t properly diagnosed by a doctor, the doctors and medical professionals at fault for these medical mistakes could be held liable if the mistake resulted in a death. Another common cause of death that may allow you to file a wrongful death lawsuit is a car accident fatality that was caused by the negligence of another driver.

If you’re confident that the accident occurred because of the poor driving or negligence by another driver, you will likely be able to successfully file a lawsuit. These claims can be backed up by police reports and witness statements.

Who Should File a Wrongful Death Lawsuit?

Wrongful death claims and lawsuits need to be filed by someone who is a representative of the deceased victim’s estate. The state determines exactly which members of the estate can file this lawsuit. No matter which state you live in, a spouse can always file this claim on behalf of their deceased spouse.

It’s also possible for parents to file this claim if one of their children died as a result of negligence or intentional action. However, the child will need to be considered a minor for their parents to take this action. Speak with a wrongful death lawyer such as ours to determine if you can file a lawsuit on behalf of your relative.

Types of Wrongful Death Compensation

When you file a lawsuit for wrongful death, there are many different types of wrongful death compensation that you could seek. If the deceased individual suffered from their injuries before they died, you may be able to obtain compensation for the pre-death pain and suffering that the individual went through. However, the amount of compensation can be difficult to calculate.

If the deceased individual obtained various medical treatments as a result of the injury before their death occurred, these costs could be covered with the compensation you receive from this lawsuit.

In almost every situation, all of the expenses related to the funeral and burial of the individual will be covered. If you depended on the deceased individual’s income to live, the loss of this income may be taken into account when you file a lawsuit. While you likely won’t be able to obtain 100 percent of their expected income, the percentage may still be high.

When You Should Hire a Personal Injury Lawyer?

When you’re about to file a lawsuit for wrongful death, it’s highly recommended that you retain the representation of a personal injury lawyer who has experience with wrongful death cases. These claims and lawsuits can be complicated, which makes it more likely that a mistake will be made if you don’t have a lawyer helping you.

When you hire a personal injury lawyer, they will be able to help you determine if your case meets the wrongful death requirements. They will also take care of any paperwork involved in the process and will keep you informed of every aspect of the lawsuit while the process is ongoing.

If a family member of yours was injured and died because of the actions of another individual, you may be able to make a wrongful death claim or lawsuit. Call our wrongful death lawyers at the Bodden & Bennett Law Group today so that we can assist you in obtaining the compensation that you’re owed.

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