If a death occurs as the result of negligence, recklessness, or intent on the part of a second party, it is called a wrongful death. Wrongful death could arise out of situations such as road accidents, medical malpractice, occupational accidents, product liability, or intentional violence.
Every year, more than 90,000 patients in the USA succumb to medical malpractice alone.
The principal aim of wrongful death claims is to afford financial relief and allow the remaining family members a sense of justice while they have to cope with bereavement and other unexpected expenses.
According to Long Beach wrongful death lawyer Greg Peacock, Esq., if the victim could have filed a personal injury suit had they survived, then the family can file a wrongful death claim since the victim did not survive. Success with this type of case requires clear proof of the exact cause of the death in question.
Let’s see who has the right to initiate the proceedings following the wrongful death of a loved one.
What Is a Wrongful Death Claim?
Wrongful death is a lawsuit that is primarily intended to recover compensation for the cost of the funeral, medicine, and other various expenses.
You and your legal team can file a formal wrongful death lawsuit once the investigation is complete. The party must establish proof as to whether an external party caused the death. The plaintiff’s evidence must demonstrate that the accused was the cause of the death. The evidence provided must be strong and direct, reflecting the deceased’s view regarding the wrongdoing of the accused.
Some families can derive some emotional comfort from the real cases of wrongful death.
Who Is Eligible to File a Wrongful Death Claim?
The right parties to litigate should also be established and discussed when thinking about wrongful death suits. Claims of this nature lie in the hands of the closest immediate relatives of the deceased, including the spouse, children, and sometimes even parents.
Should the deceased have no direct relation, brothers and sisters or other relatives may qualify under state law. Some claimants in different jurisdictions will be able to include their life partners or their financial dependents as part of their claims. It is necessary to check state requirements since they will differ from each other.
A personal representative of the deceased’s estate is permitted to claim on behalf of the beneficiaries. The understanding of your eligibility will cause you to work to take legal steps in seeking the valid compensation and liability of the responsible party for your loss.
The Legal Process of Wrongful Death Claims
The very first thing you might have to do is secure an attorney who specializes in that area of wrongful death cases.
It will be the responsibility of the attorney to carefully guide you through these activities, starting from filing the claim to producing evidence. Keep in mind that there is a necessity for you to establish the legal relationship that exists between you and the deceased. Present a detailed record of all financial losses that occurred.
Keep communication lines open and question your lawyer in case anything may appear doubtful. Effectively dealing with legal complications, you need to preserve your legal mindset and organizing skills all while remembering the deceased relative.
Essential Evidence Required to Prove a Wrongful Death Claim
The production of key evidence helps successfully settle wrongful death claims. You have to show that another individual through negligence or intentional misconduct caused the death. Checking out medical records becomes important since they contain information on how the cause of death and any related injuries occurred.
Police reports shall be requested if they have been filed. They provide more details about the incident. Witness testimony is most needed and should provide firsthand accounts proving the points made by claimants. Pictures or videos may also provide the most compelling evidence.
Present evidence regarding your financial losses and suffering from grief that you and your family endured.
Common Causes of Wrongful Death Claims
Irresponsible driving behaviors that lead to car accidents are one of the top causes of wrongful deaths. Medical errors and medical malpractice can also result in wrongful death.
Workplace incidents are another common cause of wrongful death. Big companies are often the ones most affected. They can face big lawsuits if things go wrong. This is especially true if violence is involved.
These cases clearly show how carelessness can leave families suffering.
Types of Damages You Can Claim in a Wrongful Death Lawsuit
Many kinds of damages can be claimed through a wrongful death lawsuit. One type of damage that a claimant can pursue is economic damages. This type of damage would cover the costs of medical treatment and burial. This damage could also include the loss of income that the deceased would have otherwise earned during his or her life.
Noneconomic damages refer to pain and suffering, emotional distress, loss of companionship, and so on. Punitive damages can be awarded to deter the defendant’s reckless conduct.
It is required that the family of the victim know what the different causes of action they may pursue are.
Choosing the Right Attorney for Your Wrongful Death Case
To pick the right attorney for your wrongful death lawsuit, look for law firms that specialize in dealing with such cases. Subspecialist expertise might just give you that slight edge toward knowing certain fundamental legal points better. Check that the lawyer has a good track record
Client reviews help determine their style of communication and work methods. You also have to know a lawyer’s payment method. What you want is something in which an attorney takes no compensation unless the client wins.
What to Expect During the Wrongful Death Claim Process?
The lawyer you hire looks into the death of your loved one, collects evidence, and speaks to witnesses to let them know what happened. They will then submit the official claim against the party at fault, detailing the damages you demand.
There will be negotiations regarding the insurance company of the opposite party. There could be a lot of dialogue and some debate to arrive at a decision that will be looked upon as equitable. If the decision is not accepted, the parties will have to go before a court.
As a representative, the lawyer will serve as the supporting entity during the whole period, sharing information about the status and options that may be available.
A wrongful death lawsuit aims to provide, among other things, financial assistance to a family that has coped with an untimely death following someone else’s error. If you are unsure about your eligibility or fervently believe that you have a legitimate concern, you must first familiarize yourself with the process and gather sufficient proof.