3 Factors To Understand About A Wrongful Death Lawsuit

Law Blog

Losing a loved one is difficult, but the death of someone you love can be even harder if it could have been prevented. If the person you loved died as a result of someone else's neglect, you may be able to sue the person responsible for this death. If you are in this position, here are three things you should know before you file a case of wrongful death.

The death must be a result of intention or neglect

One of the most important things to understand about wrongful death lawsuits is that the death must be the result of someone else's actions, and these actions must include neglect or intention of some kind. Not only that, you must have proof that this person intentionally acted in a way that led to this death. It is up to you and your legal team to prove this in order to win the case.

An example of this is if your spouse was killed in an automobile accident due to the other driver being drunk at the time of the collision. Another example is if someone attacked your child with a weapon and ended up killing him or her. A lot of wrongful death cases are also a result of medical malpractice, and there are many other examples that would fall into this category.

Someone from the family must file a case

Secondly, in order to file a case, you must be a close family member of the person who died, and there are different rules for different states relating to this. In most states, a spouse is able to file a case, as well as a parent. You might also be able to file a case if your sibling died a wrongful death or if you are another type of relative and are the only living relative. It will depend on your state, though, and you can find out more by talking to a lawyer, such as Nicholas B. Hall - Personal Injury Lawyer.

Compensation will cover a lot of different things

If you have the proof you need to file the case and are able to file one due to your relationship with your loved one who died, there are a lot of different types of things that you can be compensated for if you win the case. This includes burial costs, medical treatment, pain and suffering of the deceased, loss of income for the rest of the person's life, loss of inheritance, and more.

If you lost someone you love at the hands of someone else, you may have a wrongful death lawsuit on your hands. To learn more, contact a lawyer today.


5 August 2019