If someone loses their life due to negligent treatment or the negligence of other people, the survivors and the family have the right to seek punishment and compensation. This can also happen in a car accident, a drunk driver and others. What is wrongful death lawsuit and how to deal with that?
Wrongful death laws vary from state to state, but generally define who can file a wrongful death lawsuit and whether any limitations on the award of damages may apply.
Do you know what is wrongful death? Check HERE.
Are wrongful death settlements taxable? Check HERE.
Who can sue for wrongful death?
This all depends on the law in your country in which the right of inheritance is distributed accordingly. This can be the wife, then children, parents, relatives, etc. Generally speaking, however, a wrongful death lawsuit is brought by the personal representative of the decedent’s estate. Every state has a civil “wrongful death statute,” or set of statutes, that sets out procedures.
These, as well as lawsuits for personal injuries, pain and suffering, and financial expenses, are initiated by a lawyer hired by the family. Compensation for damages from these procedures belong to the estate and can be transferred to different parties according to the testator’s will.
How to prove wrongful death?
In order to successfully file a wrongful death claim, your attorney must prove the following:
- That death happened.
- That the death occurred due to carelessness or with intent to cause damage.
- List the surviving family members who suffered financial damages due to the accident.
- Appointment of a personal representative of the decedent’s estate
- Compensation for death.
Material or financial damage as a measure
This type of compensation is the main remedy in a wrongful death lawsuit. Property damages include loss of support, loss of services, loss of money and inability to organize funeral and medical expenses. Finally, the damages will include interest from the date of the testator’s death.
Medical error
If the medical staff fails to make a diagnosis to prove the cause of death or if they provided the patient with negligent and incorrect service, the family and friends of the deceased can file a wrongful death lawsuit.
Car accidents
If a person dies in a traffic accident and the investigators investigate who is at fault, and it turns out that the other driver is at fault, in this case they can also be sued for death. Some examples of careless driving include: drunk driving, disobeying traffic laws and reckless driving.
How are wrongful death settlements paid?
When the attorney wins compensation and the insurers agree to the terms, they will send your attorney a check for the full value of the settlement. Your attorney will then deduct the fees and other legal expenses and send a check to the deceased person’s family as agreed.
Get legal help after a wrongful death
If your loved one, friend or family member died as a result of an accident due to the negligence of other people, you will be able to file a lawsuit against the responsible parties.
Certain deadlines apply to filing a wrongful death lawsuit, so consider contacting an attorney right away if you think your loved one’s death was the direct result of someone else’s negligence.
Contact us!
Nedim Ramic and Bajric & Ramic team of attorneys are here for you. And you should not hesitate to call us today for a free consultation. The time is of the esence. If you find these information above useful, but you have more questions regarding the subject. Or you just need legal help straight forward, give us a call. On 314 352 6800 and get free consultations today!
