When anyone dies due to the negligence or misconduct of another individual, the surviving family members may sue for “wrongful death.” Much of the country’s wrongful death lawsuits immediately follow criminal trials, where evidence is similar and in place already. Anyone found liable for wrongful death may be convicted of a crime.
Elements of a Wrongful Death
To successfully bring a wrongful death case to trial, the following elements must be apparent:
- The recent death of a family member;
- Caused by negligence, or with intent to harm;
- Surviving family members who are suffering monetary injury due to the recent death, and;
- Appointment of a representative for the deceased’s estate
The following situations are relatively common in the world of wrongful death:
- Medical malpractice
- Automobile accident
- Occupational exposure
- Criminal behavior>
- Death during supervised activities
Typically, a wrongful death leads to loss of support, services, and medical or funeral expenses. Most laws state that damaged awarded for wrongful death be fair and only cover compensation for the financial injuries resulted from the death.
You’ll want to hire an experienced attorney who can fight on your behalf for the most damages possible. The other party is liable to settle, or attempt to settle, for a lower monetary value.
Hiring a Wrongful Death Attorney
As with any lawsuit, wrongful death cases are typically tried before a jury. Due to expenses, lawyers often utilize settlement deals to avoid costly trials. Lawyers are better at negotiation plea bargains than you may be on your own, ensuring you receive more money in the process without spending more.
Your chosen lawyer should be experienced, compassionate, and prepared to handle the excess work and paperwork involved with a wrongful death.