Dealing with the loss of a loved one can be one of the most emotionally trying times of your entire life.
To make matters worse when your family member’s death was caused by someone else’s negligence or wrongdoing, the grief only gets worse.
You are entitled to the right to file a wrongful death lawsuit and receive the damages and closure to which you and your family deserve.
What is a Wrongful Death?
Legally, if a person’s death is caused by the wrongful conduct or negligence of a person or party, the decedent’s heirs and other survivors may file a wrongful death action against those responsible.
Originally, wrongful death statutes were created to provide financial support for widows and orphans and to motivate people to exercise care to prevent injuries. A wrongful death action is separate and apart from criminal charges, and neither proceeding affects nor controls the other. This means that a defendant acquitted of murder may be sued in a civil action by the victim’s family for wrongful death.
An action for wrongful death may be brought for either an intentional or unintentional act that causes an injury that results in death. A blow to the head during an altercation that later results in death, for example, is an injury that is intentionally caused. The driver of an automobile who unintentionally causes the death of another in an accident may be held liable for Negligence. An individual who, in violation of local law, neglects to enclose a swimming pool in his yard can be held liable for the omission or failure to act if a child is attracted to the pool and subsequently drowns.
Wrongful death statutes do not apply to an unborn fetus, as an individual does not have a distinct legal status until he is born alive. If an infant is born alive and later dies as a result of an injury that occurred prior to birth, an action may be brought for wrongful death. Across the United States, wrongful death statutes have been passed in order to induce hospitals, doctors, manufacturing companies, and others to act watchfully in their responsibilities; despite this, wrongful deaths can and still occur.
Wrongful Death Causes
Medical Malpractice – This can stem from the negligence of hospital workers, doctors, orderlies, in such ways as misdiagnosis of a serious health condition, prematurely discharging a patient, fatal dosages of anesthesia, denial of medical care, or even errors in surgery.
Motor Vehicle Accidents – Automakers can be held responsible for defects in their various products. In addition, trucking companies can be held accountable if an employee disregards company regulations and it results in a fatal accident.
Construction Accidents – This can be the result of an accident on a construction site that could have been prevented, faulty equipment that leads to a fatality, and falling material.
Police Brutality or Excessive Force – This can stem from a loved one being falsely suspected of a crime which leads to him/her being mortally wounded by a police officer or the excessive discharge of a firearm against an unarmed individual.
How Does Compensation for Wrongful Death Work?
Every state allows the survivors of a family to file a wrongful death lawsuit in the occurrence of another party’s negligence.
Some Factors That Courts Consider When Shaping the Amount of Compensation One Can Receive Include:
- The level of financial dependence the survivors relied on from the deceased
- The savings of the deceased
- The amount of money the deceased earned
- Funeral expenses for the deceased incurred by the survivors
- Medical expenses for the deceased incurred by the survivors
No amount of money will ever compensate you for the loss of a loved one. However, the prosecution of the parties responsible and having them brought to justice will provide a sense of security and closure to the survivors.
During the grieving process, concern for a wrongful death lawsuit may not seem appropriate. However, wrongful death cases must be filed within a specific time period or you risk losing your right to compensation.
At the Laufer Law Group, we provide the experience needed to guide you through the process and the knowledge you need to receive the compensation you are entitled to. The Laufer Law Group has a proven track record with wrongful death litigation.
Contact the Laufer Law Group for the knowledge, care, and experience your case needs.
Laufer Law Group Can Help You.
Request a free consultation today!