A wrongful death is defined in legal terms as the death of someone due to the negligence or misconduct of someone else. These deaths often leave families without an income and relatives without their loved one.
These types of wrongful deaths can occur in vehicle crashes, medical procedures, work accidents and other incidents. When a suspect dies in the custody of police because of negligence or misbehavior, this can be considered a wrongful death. An experienced personal injury lawyer can help survivors of victims killed in these cases recover the compensation they deserve to cover family and personal expenses.
If you want to hire wrongful death lawyers near you, you should consider their experience and track record in such lawsuits. In these lawsuits, a personal injury lawyer seeks compensation for the victim’s survivors, including lost household income, lost companionship and expenses stemming from the accident, including funeral costs.
Who can file a wrongful death lawsuit?
Different laws may apply in different areas, so it is important to consult a personal injury lawyer about who can file a wrongful death lawsuit. But generally, such lawsuits can be filed by a domestic partner, spouse, close relatives like children, and even parents of unborn children. The specific requirements of a wrongful death lawsuit can be found in the various laws governing these types of cases. In many cases, the person responsible for the estate of a victim killed in such cases files a wrongful death lawsuit on behalf of the estate.
Can a wrongful death lawsuit be filed if criminal charges are pursued?
In many wrongful death cases, a criminal charge is filed against the party responsible for the death. These criminal cases rely on similar evidence used in a civil wrongful death case. While a civil wrongful death case can be filed, it typically is not filed until a criminal proceeding is completed. A civil case can often benefit from the evidence obtained in a criminal case, so the delay has its advantages.
What elements are required in a successful wrongful death lawsuit?
Such cases generally require the plaintiff to prove:
- Someone died as a result of another person’s negligence or wrongful act
- Surviving relatives relied on the victim for monetary support
- The victim’s estate is being handled by a personal representative
What type of damages are awarded in wrongful death cases?
The main type of damage pursued in wrongful death cases is known as pecuniary, or financial injury as a result of the death. Through the years, these types of injuries have been defined in legal proceedings as loss of inheritance, loss of support, and loss due to medical and funeral experience. The damages also can cover any medical or other expenses related to the accident that can become the responsibility of the victim’s estate. These can include funeral expenses.
What should I look for in a wrongful death lawyer?
One of the main considerations when deciding on a wrongful death lawyer is their experience and record with such cases. That success will help determine the potential outcome of your case. For example, if you hire a reputable and experienced wrongful death lawyer who has a proven record of success in such cases, you increase the likelihood of obtaining the most damages possible. Such cases, like many personal injury cases, never go to trial. So, it is important that your wrongful death lawyer can demonstrate how they obtained high settlements in prior cases. You should consult with a personal injury lawyer as soon as possible to discuss your potential wrongful death lawsuit.
