When your loved one has died in an accident, then it can be a terrible event to handle for anyone. And if you later find out that the wrongful death is the result of any negligence from another party, then it is inevitable that you might seek legal action against them. One such tool that can be used in these situations is the wrongful death lawsuits. And below, we will look at the four things you must know about them.
The first thing you need to understand is the situation in which the wrongful death lawsuits will be applicable. They can only be used when the victim in question succumbs to death as a result of any negligent or intentionally harmful act from the accused party. Examples include death dues to medical negligence, a physical attack, car accidents due to the other party’s negligence, and so on. However, if a death occurs at work due to the negligence of the employer, then it will not come under wrongful death lawsuits. That is a separate issue that is usually handled through the worker’s insurance claims.
Who Can File It
A wrongful death claim can be filed by anyone who has been known to have a relationship with the victim. For example, a parent can file it on the death of their children. Similarly, minors can also file the claim if their parent dies a wrongful death. A spouse can argue for the claim if their partner is killed due to negligence. These cases are typically handled by the victim’s estate representative.
You can claim many types of damages when filing for a wrongful death. The funeral and burial costs, the loss of the victim’s regular income, any medical bills incurred due to the treatment of an injury before death etc. In addition, you also have provision to receive compensation for any psychological and emotional losses such as loss of love that the victim might have offered, and so on. Check with the lawyer as to what all things you can be compensated for before you take any action by yourself.
In order for you to get the claim, it is necessary that you be able to prove negligence on the part of the accused. As such, you must demonstrate to the court that there was something that was expected out of the accused that they did not do and which lead to the death of the victim. For example, suppose that a loved one is in the hospital and it is necessary to give 10 ml of a medicine every 4 hours. Now, if the nurse makes a mistake and only 5 ml is provided to the person, then that is negligence. And if the person dies as a result of this negligence, then you