Legal Talk: Wrongful Death

What Is It?

A wrongful death claim is something you file against a defendant who has caused someone’s death. It is either the result of intentional action, medical malpractice, car accident fatalities, or negligence. 

There is a catch when it comes to wrongful death claims. Each state has several regulations and laws. A representative of the deceased person will file the claim. It is usually on behalf of the surviving family members affected by the death.

A decedent’s surviving family can also maintain a “survival claim.” This concept happens when the victim does not immediately die from an accident or injury and brings a personal injury lawsuit.

Compensation For The Wrongful Death

Courts will reward you with damages – these are the payments and other compensation you will receive after winning a case. Check them out below:

  • Funeral costs
  • Burial costs
  • Medical treatment costs
  • Pain and suffering
  • Loss of the person’s expected income
  • Inheritance loss as a result of the death
  • Loss of love and relationship
  • Loss of consortium
  • Service value that the person could have provided

The Common Causes Of Wrongful Death

There are a lot of causes that lead to wrongful death. Each of these instances may have a different impact once you file a claim. Take a look:

  • Birth injuries
  • Medical malpractice
  • Vehicular or motor accidents
  • Public place injury
  • Work hazards
  • Occupation exposure
  • Defective products
  • Healthcare abuse or neglect
  • Criminal actions
  • Supervised activity accident

The Burden Of Proof

Although it seems like one, wrongful death is not a criminal case. It is because of this factor that the burden of proof is less for these kinds of instances. Any individual who files such a lawsuit can win depending on the significance of evidence they will provide. To prove it, you have to take necessary steps, such as:

  1. Developing a strategy for the case
  2. Thorough case investigation
  3. Analysis of rules and regulations that might have been violated
  4. Talking to experts in a related field
  5. Getting in touch with potential witnesses
  6. Researching all there is to tort law

A wrongful death claim will involve a number of mediations, demands, and a potential settlement. However, there are times when one or both parties do not agree with the terms. If that happens, the burdened party can file a lawsuit. If a lawsuit comes into account, the case will go to trial.

How Much Can You Sue For The Occurrence?

You will take a look at death compensation. What happens is that you or a legal specialist will compute for the monetary damages related to the victim’s death. What you will find would be the basis for the pain and suffering damages you will receive later. It can get a bit complicated, so you can leave the calculations to your legal representative. 

What you can do is hire a wrongful death attorney. A wrongful death attorney is a legal worker who specializes in related cases. They have a variety of tasks, including the following:

  • Investigation
  • Court representation
  • Insurance discussions
  • Law and regulation violation investigation
  • Settlement
  • And so much more

A wrongful death attorney will make sure that the victim’s surviving family will get all the compensation they rightfully deserve. In addition, a legal worker will also make sure that any responsible parties would take responsibility and do what is right for the victim’s family.

Where To Look For Such An Attorney?

That is the easy part. What you can do is to visit a local legal firm, and request wrongful death cases. They would be more than happy to lend you a hand. On the other hand, you can also search online. The internet has no shortages when it comes to web pages that deal with legal matters. A Houston wrongful death attorney is only one click away.

The Takeaway

Wrongful death is a grave matter. Once someone you love becomes a victim of such a circumstance, it would be wise to seek legal help. There are many ways you can accomplish that – some steps include going to a physical law office and searching online for an attorney. Your family can get compensation for the wrongful death.