A wrongful death lawsuit is a legal suit filed against a negligent individual or entity whose acts resulted in another person’s death. Wrongful death lawsuits can be filed in circumstances where someone is killed intentionally, even if the perpetrator is also facing criminal charges. Wrongful death lawsuits are identical to personal injury lawsuits, with the exception that the deceased person is unable to file a claim. Oaks Law Firm: Wrongful Death Attorneys can help you understand your situation and get the right reimbursement.
What constitutes wrongful death?
Each state’s own “wrongful death legislation,” which governs the policies for wrongful death actions, may define wrongful death. Along with financial responsibility for a person’s death, one may also be found guilty of criminal action related to that death. To take on a case, a wrongful death attorney must first examine the criteria that identify a wrongful death action. Below are the three elements that need to be present in a case to be classified as a wrongful death suit.
- The death of a person as a result of another person’s negligence or malicious intent to hurt the deceased individual.
- Injuries to the surviving family members’ finances as a result of the death.
- The decedent’s estate is assigned a personal representative.
Below are the 4 most common types of wrongful death suits:
- Vehicle Mishaps – When passenger and commercial cars collide, many people are injured. They may also be seriously injured in single-vehicle accidents caused by negligence, incompetence, or a defective product.
- Accidents involving trucks – Truck accidents are distinct from car accidents in that they are caused by the size and weight of the vehicle in question—i.e. semi-trucks. These collisions are unique in that when a truck collides with a smaller vehicle, the passengers in the smaller car are much more likely to suffer serious injuries or even death.
- Negligence in Medicine – Medical malpractice happens when a patient is hurt as a result of a medical provider’s negligence or error. Misdiagnosis, missing diagnoses, surgical errors, and drug errors are all possible causes of these instances.
- Accidents and Illnesses at Work – The majority of people are aware that a workplace injury may result in a workers’ compensation claim. What they may not realise is that a fatal injury sustained at work as a result of an accident or illness might result in a wrongful death claim.
Family members are most affected by wrongful death claims. Families rely on these settlements to cover medical expenses, burial costs, and lost wages. Wrongful death cases, on the other hand, are not solely about seeking monetary compensation; they are also intended to hold individuals, companies, or employers accountable for their conduct.