One of the most difficult situations that a person can go through in life is losing a loved one. This can be exacerbated in the case of wrongful death. While many people believe that a wrongful death case results in criminal persecution, it is actually a civil lawsuit against a negligent party. Types of wrongful death claims due to negligence are often, but not always, a result of a situation such as a motor vehicle accident, slip and fall injury, or medical negligence. Wrongful death claims are filed against the negligent party and compensation comes from them when deemed at fault. A wrongful death claim can help families manage unexpected financial strain. If you believe you have a wrongful death case on your hands, reach out to a wrongful death attorney to discuss your options.
While different states have varying requirements for filing a wrongful death suit, there are general requirements for who is legally permitted to file a lawsuit on these grounds. Some parties that may be permitted to file a wrongful death claim include but may not be limited to the party’s spouse, children, parents, siblings, and an estate representative. Each of these is listed in order of priority. For example, the victim’s child may file a claim if the surviving parent is unable or unwilling to do so. To be sure, it’s best to collaborate with a wrongful death attorney to identify whether you are permitted to file a claim against your lost loved one.
In the case of a wrongful death suit based on another party’s negligence, damages may be awarded to the family of the deceased. There are varying forms of damages that may be awarded or negotiated, and these depend on the individual case at hand. Generally, the damages may fall into two categories: pre-death and post-death. Pre-death damages include compensation based on the pain and suffering and medical expenses that the victim would’ve been entitled to had they survived. Post-death damages include the losses that the victim’s surviving family experiences due to their loved one’s untimely death. The total compensation is often determined either through negotiations or a court of law.
A wrongful death attorney can guide you throughout your lawsuit in many helpful ways. First, having a person on your side to manage all of the nitty-gritty legal details may help you focus on what matters more: family. It may allow you to mourn the loss of your loved one without stressing about the details of a wrongful death case. Further, they can help analyze the details of your case to get you the greatest compensation possible, thus allowing you to receive what you and your family deserve. To cope with your loved ones’ loss and start your path to justice, reach out to your local wrongful death lawyer today.
When you and your family are ready to seek justice for the wrongful death of your loved one, it may be helpful to reach out to an experienced wrongful death attorney. Anspach Law Office is here to support you through your most difficult times. Get started on your path to justice and contact us today to request a consultation.