May 1, 2021
Hiring a Wrongful Death Lawyer to Support Your Claim
The death of a loved one doesn’t just take a severe emotional toll. Those who relied on the deceased for support may suffer a financial strain. If you’ve lost a loved one due to the fault of another party, chances are you could sue for wrongful death to help alleviate that strain. Wrongful death is a type of personal injury case where the perpetrator is held accountable for the death of another person, and lawyers that specialize in this field can help you and your family seek some form of compensation for your loss.
Defining Wrongful Death
Wrongful death applies when a person’s death is caused by negligence or wrongful acts. Wrongful acts encompass a whole host of negligent actions, such as driving while under the influence, not providing proper safety guidelines at work, or giving a hospitalized patient improper care. If negligence leads to the death of a person, a lawsuit can be filed. Wrongful death can also apply to more malicious acts, like physical attacks. Even if the intention wasn’t to kill, those charged with manslaughter may also have to deal with a wrongful death claim.
Suing for Wrongful Death
The family of the deceased has the power to sue on behalf of their lost loved one. The intention of suing for wrongful death is typically to assuage financial strain caused by the death, such as funeral costs, loss of income, and even non-financial damages such as emotional turmoil. When filing, it’s important to show exactly how you or your family have suffered as a direct result of the death. These damages will be submitted as part of your case. Who can file can differ from state to state, but typically, a single person is appointed as the representative of the estate, where the estate is composed of parents, spouses, children, or other blood relatives.
Proving Wrongful Death
The first step in filing a wrongful death case is defining which negligent act led to the death of your loved one. You have to establish fault in order to move forward. This is easiest when someone is criminally tried, but this is not required to sue someone for wrongful death so long as you can prove that their behavior was reckless or negligent and directly led to your loved one’s death.
Getting Expert Help
Wrongful death lawsuits can be complex and arduous. That’s why it’s important to have an expert lawyer whose experience in wrongful death cases can help secure you and your family the compensation you deserve. Contact awrongful death lawyer such as Eglet Adams before you start the claims process to ensure things run as smoothly as possible.