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Losing a loved one is always devastating, but when that death could have been avoided it is particularly impacting to the grieving family. Therefore, in the case of a wrongful death, the surviving family members or spouses may sue any applicable party for severe personal damages.
Most wrongful death suits are filed after criminal trials, which use similar types of standards with varying levels of required proof. If a person or company is found to be liable for the victim’s death, they could held responsible.
A wrongful death lawsuit can only be brought forward by the personal representative of the decedent’s estate, which is typically a spouse or close family member.
Each state has its own civil statue regarding wrongful deaths, which establishes the filing process a plaintiff must go through in filing a wrongful death lawsuit. If the wrongful death suit is successful, then the damages will belong to the state and will be divided among the different parties according to the decedent’s will.
Overall, there are numerous different types of wrongful deaths that deal with different circumstances, including:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
It is important to note that when plaintiffs file a wrongful death lawsuit, the plaintiff is responsible for proving the decedent’s death is a direct result of the defendant’s negligence or misconduct.
They must also prove the plaintiff had suffered measurable damages that were caused by the decedent’s demise.
Because filing a wrongful death lawsuit can be complicated, legal advice is often preferred and recommended. Accidental death attorneys not only advise getting a lawyer, but have several bits of advice to help prepare the plaintiff for the litigation process.
Overview of Wrongful Death Filing Process
According to legal experts, there are certain elements that must be present in order for a wrongful death suit to be successful:
- First and foremost, the decedent’s passing has to be inflicted by negligence or with the intent to cause harm.
- Second, damages must be established that occurred as a result of the decedent’s death with a personal representative conclusively decided and appointed in the wrongful death lawsuit.
- Third, there may be several inquiries conducted to determine the amount of damages that were incurred from the wrongful death like: the degree of consciousness, severity of pain, and apprehension of impending death and the duration of suffering. Financial, pecuniary, injury is the most common measure that courts use to determine the amount of damage in wrongful death lawsuits.
Courts interpret pecuniary injuries as loss of support, services, prospect of inheritance, and medical expenses that were directly caused by the wrongful death. To determine pecuniary loss, the court considers the age, condition of the decedent, the decedent’s earning capacity, health and intelligence, and the circumstances of the other members in the wrongful death suit.
Generally, most important is the decedent’s circumstance at the time of death. Even after the pecuniary injuries are determined by the court, it is often adjusted by the jury’s interpretation. While this interpretation does not finalize the amount, it will influence the outcome of the damages.
In cases of the most severe wrongful death lawsuit claims, punitive damages can be awarded to the plaintiff. In these cases, the decedent’s death must have been causes by the serious or malicious actions of the defendant and often involve severe criminal charges.
Oftentimes, the courts treat these severe wrongful deaths harshly in order to deter similar actions that could be taken by other individuals. In states that do not explicitly allow punitive damages to be claimed in wrongful deaths lawsuits, the plaintiff can ask for the court to make an exception.
Overall, specialized wrongful death attorneys can help grieving plaintiffs through the litigation process and will help determine the rights of the plaintiff and the other party members.
Obtain a Free Wrongful Death Case Evaluation
If your loved one died from a personal injury caused by the negligence or intentional misconduct of another party, you may be able to pursue compensation for your loss, including but not limited to: medical or funeral expenses, loss of financial support, pain and suffering, loss of consortium, and punitive damages.
The following types of wrongful death cases are common examples of what a family member can sue for:
- Car Accidents
- Bicycle or Pedestrian Accidents
- Motorcycle Accidents
- Boating Accidents
- Medical Malpractice
- Medication Errors
- Workplace Accidents
- Drowning Accidents
- Nursing Home Neglect/Abuse
- Slip and Fall Accidents
- Defective Products
- Other Personal Injury Claims that Caused the Death
