How a Wrongful Death Lawsuit Works
If someone were to die at the hands of another’s negligence or wrongful and intentional act, a wrongful death claim could be brought against that defendant. Wrongful death lawsuits are generally filed by a representative of the deceased person’s estate and on behalf of the surviving family members. If you have a loved one who suffered a wrongful death, you could be entitled to file a wrongful death lawsuit and should seek the guidance of an experienced attorney. Here, the team of attorneys at the Law Office of Evan K. Thalenberg discuss how a wrongful death lawsuit works and how an attorney can assist you with your case.
What Makes a Wrongful Death Claim & What Must be Proven?
There are a variety of different situations when a wrongful death claim can arise. For example, if a victim was intentionally killed, this would qualify as a wrongful death claim. If a patient were to die from medical malpractice, this would qualify as a wrongful death claim. Deaths from car accidents involving negligence are also considered wrongful death claims. Furthermore, wrongful death claims can stem from personal injury claims, so other personal injuries resulting from negligence or intentional harm could be considered as a wrongful death claim.
The plaintiff in a wrongful death claim must provide the same level of proof that the victim would have had to provide if they had lived. This could be proving the breach of duty of care which led to the negligence of the defendant, therefore resulting in the death of the victim. Providing proof in a wrongful death claim to hold the plaintiff liable generally follows the same process as in a personal injury claim.
Who Can File a Wrongful Death Claim & What Are the Damages?
Wrongful death claims are generally filed by a representative of the deceased’s estate and on behalf of the victim’s survivors, who are most likely family or close friends. Spouses and parents can bring wrongful death actions if either their spouse or one of their children are killed due to the negligent or intentional act of the defendant. However, it is important to note that the more distant that the familial relationship between the victim and the plaintiff becomes, the harder it may be to receive a favorable legal solution in court.
There are several different categories of damages or losses incurred for which the survivors of the victim may be able to receive compensation. They include the following:
- The victim’s pre-death “pain and suffering” or a “survival” claim.
- Costs for a funeral and burial.
- Medical treatments provided to the victim for injuries prior to death.
- Loss of the victim’s income and inheritance.
- Loss of love, companionship, care, and guidance that the victim would have provided.
Seek the Assistance of an Attorney With Your Wrongful Death Case
If you have a loved one who suffered a wrongful death in the hands of one’s negligent or intentional actions, it is crucial that you contact a personal injury lawyer. Their expertise and experience can provide you with the guidance and support you need to endure this difficult time and receive the compensation and justice both you and your loved one deserve. At the Law Office of Evan K. Thalenberg, we recognize how hard this time can be for the victim’s family and friends, and our team of knowledgeable and trusted attorneys are here for you. To learn more about how our personal injury attorneys can take on your wrongful death claim or to schedule a consultation, contact us today by visiting our website or calling (410) 625-9100.