What Qualifies as a Wrongful Death Claim?

What Qualifies as a Wrongful Death Claim?

Fatalities that occur as a result of another person’s negligence or recklessness may be labelled as wrongful death. Car accidents, work mishaps, defective products, or medical malpractice can give rise to cases of wrongful death.

More than 90,000 people die in the U.S. each year as a result of medical mistakes alone. This statistic does not account for the many other causes of wrongful death. Families whose loved one’s deaths were caused by someone else’s acts (or lack of actions) can file a wrongful death claim to receive justice and money.

According to wrongful death lawyer Glenn Guenard, a fair payment should cover all of your funeral costs, unpaid medical bills, lost income, and any other costs related to the death.

Let’s find out more about what wrongful death is and how to file a claim for it.

Understanding Wrongful Death Claims

A family may be entitled to bring a wrongful death action if they have lost a loved one as a result of someone else’s neglect or wrongful act

The court process provides families with the opportunity to receive compensation for the irreversible impact on their lives and to hold the responsible parties accountable. A wrongful death claim is not just about money, but it is also about justice and closure.

According to the personal injury law firm website https://aaronlawgroup.com/, it is important for family members to contact a lawyer as soon as possible so they can begin examining the case immediately. Your prompt action affords lawyers more time to gather evidence, collect witness statements, have accident scene reconstructive experts come in, and find expert witnesses that can testify on behalf of the deceased.

You can start to heal and see to it that your loved one’s story is told and remembered by learning how a wrongful death claim works.

Key Elements of a Wrongful Death Claim

Some aspects must be proven before a wrongful death claim can be successful and before a party can be held responsible.

There must be proof that the deceased had a valid relationship with the claimant, usually a family member. It is important to prove that death was caused through either neglect or the willful action of another person. 

Damages have to be proved by the plaintiff, for example hospital expenses, lost income, or emotional suffering.

A solid wrongful death case could be made out by establishing that the party at fault owed the deceased a duty of care and that such a duty was broken.

Common Causes of Wrongful Death

Wrongful death can be caused by many factors. Car accidents rank among the most usual causes of premature death. These accidents typically involve reckless driving and adverse judgment. 

Medical malpractice is another major cause of wrongful death. Errors in diagnosis and improper treatment can cause harm to patients. Accidents at the workplace, along with unsafe working conditions, also represent another category of causes for premature death. 

Defective products can cause wrongful death too. Even criminal acts such as assault or homicide may constitute wrongful death claims. 

Legal Rights of Surviving Family Members

Besides the extreme pain of losing a family member, surviving relatives also have certain legal rights to seek justice and compensation. You do have the right to file a wrongful death claim to hold the party responsible for your loss. 

Usually, these claims are filed by close family members such as spouses, children, and parents. It is important to know the law of your state since the law can be different from the neighboring state.

The Process of Filing a Wrongful Death Claim

To go ahead with a wrongful death case, there are a few things that need to be done. First, get any relevant paperwork together. This could include a medical history and police records. 

Find an attorney to assist you in determining who can file the claim. The beneficiary is usually a close family member. After establishing the court case, you would file a complaint in court that details the circumstances of your loved one’s death and identifies the party against whom you are filing. 

After filing, get ready to negotiate since the majority of cases are settled before reaching court trial. Keep in mind that support is available for you. Don’t hesitate to hire the right lawyer and receive support from your loved ones.