Losing a loved one in accidental circumstances can be devastating. If that happens, you have the right to file a personal injury claim and get compensated for the losses. In fatal accidents or circumstances that result in loss of life, you have the right to file a wrongful death claim.
This lawsuit is meant to recover compensation to help the surviving family members. The compensation is obtained from the guilty party or those responsible for the incident.
Here is everything you need to know about wrongful death lawsuits, including the different types and how to file for one. Read on.
What Is a Wrongful Death Lawsuit?
A wrongful death occurs when an individual fails to fulfill their legal duty, resulting in another individual’s death. When this happens, the victim’s family can file a wrongful death lawsuit against the guilty party or entity. This lawsuit can also be filed by a wrongful death attorney acting on behalf of the victim’s family.
There are several things that the plaintiff must prove to recover compensation in a wrongful death lawsuit. Some of them include the following:
- The plaintiff must prove that the other party behaved negligently or intentionally wrongfully.
- The plaintiff must prove that the other party’s actions were the direct cause of death.
- There was significant damage due to the death of the victim.
If the wrongful death attorney proves all these elements, the victim’s surviving family could be awarded compensation by a court. They could also be offered a settlement by the guilty party to compensate for the role played in the death of their loved one.
If you have lost a loved one due to the actions of another person, you need a competent and experienced wrongful death attorney to help you get compensated.
Cases Wrongful Death Attorneys Handle
A wrongful death attorney is key in helping the surviving family get compensated. These attorneys are experienced in handling wrongful death cases and helping victims get favorable outcomes. Some of the different types of cases a wrongful death attorney handles include the following:
- Intentional Cases: When a person intentionally performs actions that result in the death of another person, they will be charged with intentional murder. This could be things like a battery that resulted in death or robbery with violence.
- Negligence Cases: If the defendant negligently caused the victim’s death, wrongful death cases will be filed against them. When the plaintiff files a claim based on negligence, they must prove that the defendant acted with a level of care way below the average reasonable person would have acted. This is one of the major ways negligence wrongful death cases are convicted.
- Malpractice Cases: If a caregiver or a doctor behaves in a manner below the required professional standard, they can be charged with a wrongful death lawsuit. In wrongful death lawsuits based on malpractice, the plaintiff must prove that the defendant’s failure was the direct cause of death.
Seek the Services of Wrongful Death Attorneys
Losing a loved one due to another person’s negligence can be devastating. While there is nothing you can do to bring your loved one back, wrongful death lawsuits are there to help you get justice. The victim’s surviving family can get compensation for all damages caused by the demise of their loved one.