When a loved one loses his life as a result of wrongful death, justice should be sought. A death lawyer ensures that you get compensated. No amount of money can take away the sadness of losing a loved one, but it eases some stress especially if the deceased was the sole provider. One will need a lawyer who will understand the emotional pain that you are going through and take the case as his own burden. He will help you understand the legal rights you are entitled to, what to expect and what not to.
Not anyone is allowed to file a wrongful death lawsuit. Those allowed by the law to file a wrongful death lawsuit include the spouse, children (biological and adopted) to the deceased, parents and relatives. The main aim of filing a wrongful death lawsuit is to compensate those who were left behind financially and assure them that all is not lost. There is a time limit of filing a wrongful death lawsuit. The time may vary from state to state of which if it passes, the case might be dismissed.
Wrongful death occurs when the accused ignorantly or willingly opted to handle the situation in a way that caused the death of the deceased. For a wrongful death suit to win your attorney must prove that the accused had another option that would have prevented the death, but he did not choose it. Causes of wrongful death include car and truck accidents, birth injuries, workplace accidents, medical malpractice and wrongful death damages.
If the court rules in your favor, a number of things have to be considered when deciding the amount of compensation you will get. For instance, an elderly spouse will get less compensation compared to young one. Your relation to the deceased will also be considered. An eligible uncle in one case cannot be given the same as the child of a deceased in another case. The general health of the deceased, before he died, will also be among the top considerations.
How is a Wrongful Death Likely To Occur?
A death is perceived as a wrongful death if the deceased was killed due to misconduct or negligence act of another party. Wrongful deaths do occur in different situations including:
• Grisly road accidents: When accidents occur, people aboard the vehicles, the motorists, and pedestrians may be injured. At times, serious injuries may lead to death. Automobile makers may be held accountable for defective cars that result to the death of motorists or passengers. Employers may also be held accountable when their drivers are involved in fatal accidents, which leave them or pedestrians and passengers dead.
• Hospital related deaths: Malpractices in hospitals and healthcare facilities may result in the death of patients. If medical workers are negligent in performing their duties such as in emergency rooms, surgery procedures, and diagnosis of diseases, they may be held responsible for any death that arises.
• Construction site deaths: In the construction industry, heavy equipment is used in the building process and at times, heavy objects can fall and cause the death of workers or even bystanders. In such cases, the construction company or the manufacturer of the heavy equipment like cranes may be answerable to such misfortune.
Handling lawsuits related to wrongful death isn’t easy. The legal process is complex, and if you do not have a helping hand of a qualified and experienced attorney, you may not get the desired compensation.
The pain of losing a loved may not be taken away, but with the right wrongful death lawyer, the worry will be relieved.