Wrongful deaths happen all too frequently, and it can happen to one of your loved ones as well. Though we want our family members to live a long and happy life, the tragedy is that it doesn’t always work out that way. It’s even more tragic when the death was avoidable. If you have lost a loved one because someone was negligent, you may have grounds for a lawsuit. Compensation from a lawsuit will never make up for your loss, but it can pay for the medical costs and other damages that you should not have to cover yourself.
What Is Considered a Wrongful Death?
Though they may vary by jurisdiction, there are laws regarding wrongful deaths in each state. The legal process can be complex and confusing in this area. A personal injury lawyer can provide the guidance you need. Most wrongful death attorneys will provide a victim’s family with a free case review. That review can be invaluable as you make the important decision of whether or not to pursue justice.
Proving Negligence
To satisfy a wrongful death suit, you as the plaintiff and your attorney must be able to prove several things.
- Someone died who was your significant other, dependent child, or a parent on whom you were financially dependent.
- The death of your loved one is a direct result of someone’s negligence or their intention to harm someone. An example is someone who chose to drive drunk and caused a deadly accident which killed your family member.
- You as the surviving family member must be financially impacted as a result of their death.
Common Types of Wrongful Death Cases
Some of the most common causes of wrongful death include the following.
- Criminal behavior such as murder
- Medical malpractice that results in the patient’s death
- Plane accident caused by negligence, such as an intoxicated pilot.
- Automobile accident caused by negligence, such as an enraged driver who intentionally ran over your loved one.
- Public transportation accident, such as one caused by a mechanic who neglected to fix the vehicle that crashed and killed the occupants.
- Occupational accidents caused by a known hazard that should have been addressed and mitigated but were not.
Who Can I Sue?
The person you sue as a result of a wrongful death is the person responsible either directly or indirectly for the loss of your loved one. Ultimately, though the negligent person or persons may be found responsible for the wrongful death, it will probably not ease the pain of losing someone you love. However, in addition to your loss you may be saddled with an enormous debt as result due to medical costs and loss of income. To discover if you have grounds for a wrongful death suit, talk to an attorney about your case as soon as possible.