Understanding Eligibility to File a Claim
Wrongful death lawsuits are claims presented by the representative or loved one of a person who died due to an injury caused by another’s negligence. The claim can also be brought forth if the injury was sustained by means of an intentional act.
The following is a limited list of scenarios that would allow appropriate parties the opportunity to file for a wrongful death claim.
- Intentional killing
- ○ When a person is intentionally killed, his or her family or representatives are legally able to file a lawsuit against the perpetrator for the person’s death.
- Medical malpractice
- ○ Medical malpractice is not uncommon but it can be difficult to prove. When a medical practitioner has acted carelessly or was otherwise negligent, a wrongful death action could be presented against the medical practitioner.
- Auto accidents
- ○ Car accidents are some of the most common examples of incidents that have caused an individual’s death due to negligence. In the event of an auto accident, appropriate parties have a legal right to file a claim against the careless driver.
Wrongful death lawsuits can be brought forth from almost any form of personal injury that was the result of a negligent act of another. It is important to note, however, that when an injury or death occurs at a victim’s place of work, the claim will usually be processed as, or in conjunction with a workers’ compensation claim.
Duty to Demonstrate the Party’s Negligence
When a person perishes due to the negligent acts of another, these responsible parties can be, but are not limited to the following:
A government agency
When the representative of the victim wishes to present a claim against the appropriate party, this representative has a duty to demonstrate that:
The negligent party owed the fatally wounded individual a duty of care
The culpable entity acted carelessly in a manner that either led or was the direct result of the person’s death.
The negligent party caused the grievance that the victim’s representative is seeking
Understanding What Damages Can Be Claimed
In a wrongful death claim, there are various damages that can be pursued. The representative of the victim may be able to receive restitution for the following:
The victim’s pain and suffering prior to his or her death
Any medical costs the victim may have accumulated prior to his or her death
The loss of the victim’s expected income
The funeral or burial costs
The loss of the victim’s services he or she might have provided
Any loss of potential inheritance that resulted from the victim’s death
The loss of the companionship
The loss of nurturing and/or guidance the victim would have otherwise provided
While this is not an exhaustive list, a victim can typically use one of the mentioned fields to file a lawsuit. In order to ensure that the correct claim is being filed, injured victims or their representatives should consider speaking to a qualified attorney who has experience in dealing with brain injury lawsuits.
The Importance of obtaining Legal Support
If you have suffered the loss of a loved one due to the negligence of another party, you should know that you may have the opportunity to legally seek restitution. A wrongful death claim gives the appropriate parties the opportunity to seek restitution for the death of a person from a party who can be held legally responsible for the victim’s death.
Consult with a qualified California attorney who may be able to guide you through the process of filing a claim.
Get A Free Consultation:
Survivors of loss in Orange County can receive a free consultation about a Brain Injuries claim with attorneys committed to aggressively represent your best interests.
We specialize in wrongful death lawsuits and have experience seeking compensation for clients who are managing the loss of a loved one.
Contact us today to discuss how we can assist you with your case.
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