Wrongful Death

Wrongful death occurs when the death of a person is caused through the fault or negligence of another. This can happen in a number of ways, ranging from the use of a faulty product to an accident. For instance, a truck accident caused by the negligence of the driver (who was not paying attention or was under the influence of a substance) would be classified as wrongful death, and therefore the surviving family members could file a lawsuit for wrongful death. Although all states share some common factors concerning wrongful death statutes, they also have very different, distinguishing aspects.

Wrongful death lawsuits have involved various kinds of fatalities, including death from the side effects of medication and death caused by a road traffic accident. The defendant or the negligent party depends on the case and the circumstances. For instance, in a wrongful death claim for death caused by side effects to drug, the drug manufacturer would be a defendant. In the case of wrongful death caused through a road traffic accident, the driver of the truck or vehicle may be the negligent party, depending on the circumstances (and assuming that the accident was not caused by the decedent).

The immediate family of the decedent—a partner, a child, or a parent—can file a wrongful death lawsuit. In the event that the surviving family member is under the legal age to file a lawsuit, he or she might require the assistance of a guardian in order to pursue the action. It is important to remember that the restrictions and regulations regarding wrongful death lawsuits may change from one state to another, so it is vital to find out what the regulations are with regards to filing for wrongful death in your particular state.

The compensation awarded from a successful wrongful death lawsuit is designed to provide the family with a more stable financial future, as well as compensate them for the loss of a loved one. Of course, the compensation from a wrongful death lawsuit cannot make up for the loss, but it helps to ease unnecessary suffering at an already difficult time. For instance, the decedent may have been the main—or the only—income earner in the family. And without the income, the direct family of the decedent could stand to lose everything. This should be reflected in the wrongful death lawsuit.

When it comes to filing a claim for wrongful death, it is also important to remember that each state operates its own statutes of limitations, which means that you must take legal action within a certain time in order to ensure the validity of your claim. The statutes of limitations can vary from one state to another, so verify any deadlines as soon as you decide to take action.

There are a lot of factors involved when it comes to filing a wrongful death lawsuit. In addition to finding out about wrongful death statutes and statutes of limitation in your state, you have the added problem of proving your case. Often, the fault may not be obvious, and the defendants will fight against your case. It takes a skilled and experienced individual to prove fault in such significant cases, and this is why most people will immediately seek assistance with their case and claim from an experienced wrongful death lawyer.

Negligence is an unfortunate part of every job, but when it results in death, someone must be held accountable. A recent wrongful death case in Ohio was filed after the family of a 16-year-old patient at a neurosurgery clinic died. The family claimed the clinic hid evidence to avoid a wrongful death claim after the 16-year-old girl died as a patient undergoing brain surgery. This is just one example of an actionable case, as their was proof of negligent conduct on the part of the doctors. Unfortunately, there are many more out there.

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