Wrongful death happens when an individual dies due to the negligent, reckless, or intentional actions of another person or entity. Every year in the US, over 90,000 deaths occur due to medical malpractice alone, not including the many other causes of wrongful death.
Losing a loved one because of someone else’s mistake or wrongdoing is incredibly painful. In such times, families often seek answers and justice. A wrongful death claim is a legal way for family members to hold the responsible party accountable and to seek compensation for their loss.
Oceanside wrongful death lawyer Liam Perry says settlements or financial awards vary based on several factors, including the deceased person’s age, their ability to earn income, and how their death affects their family members.
Here’s how to file a wrongful death claim.
Understanding Wrongful Death Claims: Definition and Eligibility
Wrongful death claims come about when, by an act of negligence or an intentional act, one party causes the death of another. If you lost your loved ones in such a manner, you can initiate the lawsuit.
To sue for wrongful death, it must be proven that somebody’s wrongful acts caused the death of a person-one way or another, it can be in an accident, through medical malpractice, or even through committing an act of crime.
Family members of the deceased or a few other beneficiaries, such as spouses or children, typically have the right to file claims.
Sufficient evidence must be collected to prove that another individual caused the death of your loved one. Knowing the eligibility requirements can help you get justice and compensation for your loved one’s death.
Common Causes of Wrongful Death Claims
Accidental events often lead to negligent deaths, with road accidents being one of many causes of tragedy. Medical malpractice is equally common; failures by health providers to observe the standard of care may result in loss of life.
Wrongful death claims may also arise in workplace accidents, especially in very hazardous industries. On the same note, defective products cause fatal injuries when manufacturers disregard safety considerations.
Criminal violence or negligence can also wipe out families, thereby giving rise to a claim for wrongful death. Knowing those causes will make you appreciate how serious wrongful death matters are.
The Legal Process: Steps to Filing a Wrongful Death Claim
After you’ve determined that the appropriate course of action in your wrongful death case is to sue, you have to know the legal process to pursue justice. Collect all evidence possible: medical records, accident reports, and witnesses’ accounts.
A wrongful death lawyer will help you deal with confusing laws and understand wrongful death statute of limitations. Filing your claim past the statute of limitations could jeopardize the success of your case.
Types of Compensation Available in Wrongful Death Cases
Wrongful death compensation aims to financially assist families during their time of loss. Various types of monetary damages might be granted to the plaintiffs for death-related medical expenses, funeral expenses, and loss of earnings that the deceased may have accrued.
The family could sue for loss of companionship and emotional distress due to this ordeal’s severe agony and suffering. If the violation is reckless or willful, punitive damages may apply.
By understanding the damages that warrant compensation, you can pursue cases that impact your family. Hiring a lawyer ensures you can get through the process while dealing with your loss.
The Importance of Seeking Legal Representation
A skilled attorney can help you gather evidence, track deadlines, and negotiate with insurance companies after the wrongful death of your loved one. Your lawyer will protect your rights and ensure that you receive just compensation for your loss.
He or she may also provide emotional support while they handle the case legally. Without sufficient representation, you could incur significant costs due to the many mistakes you may unintentionally make.
Having legal counsel is the key to obtaining justice for the death of your loved one.