When someone dies due to the negligence of another party, the victim’s loved ones are left with the grief and anger in knowing that the death could have been avoided. They may also suffer significant financial damages due to the loss of their loved one.
A type of personal injury claim known as a wrongful death lawsuit can help family members cope with the monetary losses they suffer due to the loss of their loved one. It can also help hold people accountable for their negligence, and thereby encourage others to be more cautious.
There are statutory requirements that must be met to succeed in a wrongful death claim. First, and most obvious, a person must have died. Second, the death must either be due to another’s negligence or another’s intentional actions. Third, the victim’s surviving loved ones must have suffered financial damages due to the death. Finally, a personal representative must be appointed to the decedent’s estate.
There are numerous acts that may lead to a wrongful death claim. For example, a person could be killed in a car crash caused by a distracted or drunk driver. In addition, a person may have been the victim of medical malpractice. A workplace hazard could cause the death of a worker. Criminal acts could lead to a wrongful death claim. And, a person could die doing a supervised activity, such as in a sporting accident.
These are only some circumstances that could lead to a wrongful death claim. In the end, this is only a general overview of wrongful death suits. Ultimately, every case is unique, and no two wrongful death claims will look the same. To determine if you have a viable wrongful death claim, it is important to seek legal guidance on the matter, as this post cannot serve as the basis for a legal filing.