Wrongful Death Lawsuit: What Does It Entail?
Losing a family member is one of the most tragic events one can ever go through. It can be even more painful if the death was avoidable or caused by someone else’s careless or deliberate mistakes. As a surviving family member, you may consider legal action in such a situation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is typically a civil case filed by the family of a deceased person against the person they deem responsible for causing the deceased’s death. Situations where a lawsuit can be filed include;
- Car accidents caused by drunk drivers
- Medical malpractices
- Workplace accidents
Damages from a wrongful death claim range from compensation for lost financial support to coverage for medical and funeral expenses.
Who Can File a Wrongful Death Claim?
Wrongful death claims are regulated under state law, and different states have different laws. However, in most states, filing of claims is limited to immediate family members like spouses, children, and parents. Some states allow other dependents of the deceased and individuals who stand to suffer financially as a result of the death to file wrongful death suits.
Handling a Wrongful Death Claim
For the claim to be successful, the plaintiff must prove several things. Firstly, it must be proven that the defendant owed a duty of care to the deceased. Secondly, the plaintiff needs to prove that the defendant knowingly breached his duty. This could be through reckless driving, medical errors, or other forms of misconduct. Lastly, the plaintiff has to show that the reckless actions of the defendant are directly to blame for the deceased’s death. This is usually a complex process and may require the help of expert witnesses to prove.
Moreover, as part of the claim, the plaintiff has to quantify all the damages they suffered as a result of the wrongful death in monetary terms. To do this, you may need to work with both a lawyer and an accountant to produce a detailed report.
Talk to Us
Wrongful death claims are typically very complex, as they may involve dealing with multiple defendants and even insurance companies. To increase your chances of success, you may want to have a skilled lawyer on your side. Contact Morris and Dean Law Firm in Dalton, GA, today to speak to our attorneys and learn how we can help you seek justice.