If someone dies due to the negligence or misconduct of another, the surviving family members can file a wrongful death lawsuit. This form of legal action is to seek compensation for the losses that the survivor’s went through because of the death. Examples of damages they may be entitled to receive include lost wages, funeral costs, medical expenses, loss of companionship, and more. Ultimately, a wrongful death means that someone’s life was taken before their anticipated time, and there is legal recourse for loved ones who are affected by this loss.
It is important to inform the public about what constitutes wrongful death, so that family members understand what their options are in the event of a wrongful passing to someone they love. Here are real life examples of situations that my warrant taking legal action:
Medical Malpractice
Doctors are bound by law to provide a certain level of care. There are limitless ways that a doctor can commit a grave mistake, such as prescribing the wrong medication, performing surgery on the wrong area, concluding an incorrect or delayed diagnosis, providing an inappropriate treatment plan, failing to order basic testing before diagnosis, and much more. Depending on the situation, survivors of the person who passed away may have a reason to file a wrongful death claim against a doctor or other medical provider.
Intentional Killing
If one person intentionally takes the life of another, then grounds for wrongful death may apply. For instance, if someone murders someone else, the offender will face criminal charges. But the families of the victim can bring forward a lawsuit at the civil level as well. Wrongful death cases for intentional killing can be handled in criminal and civil court, but they are processed separately as two different cases. A lawyer, such as a wrongful death lawyer families rely on at Disparti Law Group can help the surviving family perform investigations and gather evidence for their case.
Car Accident
People drive recklessly all the time, and we have all witnessed just how dangerously others may operate their vehicle while sharing the road. Drivers may speed, run red lights or stop signs, tailgate, fail to yield, drive drunk, or otherwise engage in risky behaviors. A surviving family can sue the driver at-fault for a life lost. The intention of wrongful death cases is to compensate the family for the wrong that occurred. And while money cannot turn time backwards, it can alleviate financial hardship as the family grieves.
There are many other ways that someone may lose their life wrongfully. There are elements of wrongful death that must apply in order for a surviving family to have grounds for filing a lawsuit. Firstly, the person’s death must have been caused by the intent or negligence of another. Secondly, there must be monetary damages that the surviving family experienced associated with the death. And lastly, there must be enough proof to show that the offender did something to cause the death. Tragic accidents happen all the time, but when a person or company was at-fault, then it’s worth pursuing a wrongful death case to obtain justice and restitution.