A wrongful death lawsuit materializes when someone dies due to a defendant's intentional acts or negligence. The family of the deceased person files a compensation claim. Usually, the payment caters to emotional damages and expenses after someone passes on. Learn more about how a wrongful death lawsuit works.
When a Claim Is Applicable
You can file a claim once you prove that the incident was intentional or due to negligence. For a solid case, hire a wrongful death attorney to gather evidence. Here are aspects that qualify as wrongful death:
When a doctor is reckless and a patient dies, that qualifies as wrongful death. Also, a misdiagnosis of a health condition leading to death is medical malpractice. Family members can sue under such grounds.
Car Accident Injuries
If someone dies from accident-related injuries, a lawsuit can arise. The root cause of the car crash could be negligence from distracted driving. Driving under the influence and reckless driving are other examples of negligence. Once liability is established, it is easy to file a claim.
Intentional killing is also wrongful death. Typically, the defendant will face criminal charges and answer to a wrongful death case as well. The two proceedings are usually independent of each other.
Evidence Is Crucial
Before an insurer releases the compensation, you have to prove either negligence or intentional acts. For example, you will collect information indicating that a doctor breached their duty of care to the deceased.
In addition, you will bring forth evidence that a driver was speeding when the accident happened. Proving a case can be complicated if you don't understand the law. Therefore, you need to work with a wrongful death lawyer to gather evidence.
Compensation in the Case
Once the insurance company is satisfied with the evidence, it will release funds to cover the loss. For example, the remaining family members receive a settlement for the following:
- Emotional damages or pain and suffering
- Medical expenses incurred before death
- Income loss due to the person's departure
- Burial and funeral costs
- Inheritance loss
- Loss of companionship and love
- Loss of guidance, nurturing, and care
The compensation provides financial support to the widows and orphans. Also, anyone else who lost someone who provided for them gets the settlement. Laws vary from one state to another, but spouses, children, and parents can file for such lawsuits. If you had financial dependence on the deceased, an attorney could argue your case in court.