Recovering Your Losses After Wrongful Death
While suffering an injury that is the result of negligence can undeniably be devastating as all aspects of your life may be affected, when negligence results in the death of a loved one the impact can be excruciating for the family and friends that are affected. Often, family members that are left behind face an abundance of suffering from the untimely death. There are instances where family members left behind are able to claim against the situation of wrongful death to recover their losses.
Wrongful death claims can be made against a defendant who is ultimately responsible for the death as a result of negligence or as a result of intentional harm. The claims will allow the estate of the deceased individual to file legal action against the responsible party who is legally liable for the cause of death. The lawsuit will usually be filed by the representative of the estate of the deceased, on the behalf of both surviving family member and any other individuals who have been affected by the death. The representative of the state of the deceased is usually a professional attorney that specializes in such situations. Jurewitz Law Group provides highly skilled attorneys that are passionate about ensuring family members are treated fairly and compensated appropriately for wrongful death claims.
Situations That Can Cause Wrongful Death
This type of lawsuit is applicable when an individual that would otherwise have a personal injury lawsuit is killed due to negligence or an act that is intentionally harmful. This situation can occur in several different situations, which includes:
- When the deceased was killed intentionally. This refers to a situation when an individual has been murdered. Family members of the deceased may file a lawsuit against the responsible party to recover relevant losses.
- When the deceased passed away due to medical malpractice. In the event that a professional healthcare practitioner fails to correctly diagnose a patient, or in the event that a healthcare practitioner was careless while providing health care and the patient died as a result, the healthcare practitioner can be held responsible for the untimely death of the patient by the family of the deceased.
- When an individual is involved in a vehicle accident that was the result of another drivers negligence the family may seek a wrongful death lawsuit against the responsible driver.
There are quite a few situations where a personal injury lawsuit can turn into a wrongful death lawsuit as wrongful death claims can stem from just about any kind of personal injury situation, although, work-related injuries that result in death are usually handled exclusively through a workers compensation system.
Holding The Defendant Liable
Your attorney will need to hold the defendant responsible for the untimely death of the deceased through the use of adequate evidence. This will be done by presenting evidence that is able to prove the defendant acted in with negligence that caused the death of the deceased individual. There have been several situations where defective products have cause untimely death, in which case, the family is able to file a lawsuit against the responsible company and the family attorney will need to present the appropriate evidence that proves the companies defective product did, in fact, result in the death.
The Misfortunes Faced By The Family
The family of the deceased will be faced with several unpleasant misfortunes and even though they can seek to recover the damages, they will experience on-going pain and suffering. However, some of the damages that can be recovered after a wrongful death can include:
- The suffering experienced by the deceased prior to their death, which is referred to as a survival claim in a wrongful death lawsuit.
- All the medical bills that the deceased incurred that resulted from the injury before their death.
- Funeral costs and relevant burial costs.
- The loss of income for the family as a result of the victim’s untimely death.
- The value of the services that the deceased would have been able to provide.
- The ultimate loss of care, nurturing, and guidance the family faces as a result of the death of the deceased.
- The family and those affected may seek compensation for the loss of companionship experienced.
The Duty Of An Attorney
When dealing with the untimely death of a loved one, a professional attorney that has adequate experience dealing with wrongful death lawsuits will be necessary to ensure that all affected members receive fair treatment throughout the process of the lawsuit. The situation is undeniably emotionally crippling for family members that are left behind. An attorney will be able to present the much-needed evidence to prove that the responsible party is liable for the death and ensure that the family members are compensated appropriately for their many losses. The function of a professional attorney in this situation is crucial for recovering losses.