By Melissa LaFreniere  |  June 23, 2015

Category: Consumer News

funeral coffinA wrongful death lawsuit has been filed by a family who lost their 17-year-old son after he drowned in a high school pool.

Parents of Eddie G. of Massachusetts allege their son went to the Lowell High School to file paperwork for his senior year at the time of his accidental drowning in August 2012. The wrongful death lawsuit claims there is video footage that shows Eddie trying to get into the pool area. Eddie, who apparently did not know how to swim, was found by a swim instructor at the bottom of the pool.

Authorities ruled his death accidental, but his family claims the school is partially responsible for failing to prevent pool access knowing that students might use it without supervision. A local district attorney discovered that several doors were propped open at the high school due to renovations. The family is seeking $100,000 in compensation for the pain and suffering they have endured due to Eddie’s untimely death.

What is a Wrongful Death Case?

A wrongful death lawsuit can be filed by family members if a loved one dies unexpectedly at the negligent or deliberate behavior of someone else. In all U.S. states, wrongful death lawsuits can be filed by surviving parents, spouse, or children. There are some states that also allow wrongful death lawsuits to be filed by life partners, grandparents, and siblings of the victim.

A wrongful death lawsuit can help families financially recover from medical bills and funeral costs, as well as the emotional hardships that naturally occur with devastating loss. However, in order to win a wrongful death claim, the burden of proof is on the surviving family members to show neglectful or reckless behavior of a company or person. Surviving families are also required to find a measurable financial amount they should be owed based on the untimely death of their loved one.

Due to the complexity and emotionally draining nature of this process, oftentimes families decide to hire a wrongful death attorney to help them.

Wrongful Death Legal Help

There are many factors that must be determined when filing a wrongful death lawsuit, including the severity of pain or degree of intention. Some lawsuits are straightforward and others are complicated. Since each lawsuit is unique, hiring a wrongful death lawyer can help families handle the legal process in various ways.

Attorneys will gather evidence on your behalf, which includes medical and police reports, physical evidence, and expert testimony. They will negotiate and appear in court on your behalf so you don’t have to. Wrongful death attorneys will also file all legal documents and find out beforehand if you’ve passed the statute of limitations for filing the lawsuit. Most importantly, they will help you determine the amount of financial compensation you should seek.

Wrongful death financial compensation is a complex legal issue. Attorneys must factor the pain and suffering endured by family members, loss of companionship, medical expenses, loss of expected income, funeral and burial costs, and loss of consortium (which is loss of spousal intimacy). Contact a wrongful death attorney to find out if your case qualifies as a wrongful death lawsuit.

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
In general, most cases have to be filed within four years, or less, of the death or injury. If you wait too long to contact an attorney you may lose your right to file suit.

 

Get a Free Case Evaluation

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