Do you believe you’re the victim of a wrongful death? Have you suffered financial or emotional loss because of a loved one’s unexpected death?
If someone you love has died wrongfully at the hands of another person, and no one has paid for this death, you most likely have a wrongful death claim.
Keep reading to learn everything you need to know about a wrongful death lawsuit and if you’re due a wrongful death claim.
When Wrongful Death Lawsuit Applies
When a person dies as the result of a personal injury caused by another individual, then a wrongful death lawsuit can follow. Both accidental and intentional killing qualifies as wrongful death. Here are a few examples of wrongful death:
- Intentional killing: when one person intentionally kills another
- Medical malpractice: when a doctor fails to diagnose a condition that leads to an individual’s death or when a patient dies due to a doctor’s clear negligence
- Automobile accident: when an individual dies in an automobile accident caused by another person or an equipment failure in their vehicle
If you believe your case qualifies as wrongful death, look into hiring a lawyer or contact a company like one of these structured settlement companies.
Qualifiers for a Wrongful Death Lawsuit
To make a wrongful death claim, you need to have several elements to your case. First, the individual’s death must be the result of someone else’s negligence or intent to harm the deceased. There also must be monetary injuries related to the death of the individual as well as the surviving family members.
Finally, for a wrongful death lawsuit to take place, there must be a personal representative for the estate of the individual who died. This person is the plaintiff in the case.
Each state has a statute of limitations as well. You must file your lawsuit within the timeframe set up by the statute of limitations.
Proving a Wrongful Death Lawsuit
To win a wrongful death lawsuit case, you need to prove that the individual died as the result of purposeful or negligent actions. You need to prove the following things:
- Someone actually died
- Negligence or intent to harm caused that death
- Surviving members of the family are suffering because of that death
You also must have one individual appointed to the case to act as the plaintiff. All of these things may have occurred, but you have to prove that they’ve occurred in court.
If you can prove wrongful death occurred, you are due wrongful death damages. These are called pecuniary or financial injuries.
Pecuniary injuries include lost prospects of inheritance, loss of services, loss of support, and funeral expenses. The laws typically provide that the damages should be fair and just compensation. The damage award can also include interest from the date of the individual’s death.
Seek Legal Help
If you believe you’re the victim of wrongful death and you’re financially struggling to pay for a funeral and get by because of your loss, then you need to contact an attorney. An experienced legal representative will tell you if you have adequate cause for a wrongful death lawsuit. They can help you win the compensation you need.
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