What Is Considered a Wrongful Death?
Whenever someone passes away unexpectedly, the death feels “wrong.” When you lose someone like that, it’s normal to feel as though the world has wronged you.
But when is death actually a wrongful death? Wrongful deaths are specific events that a plaintiff can sue for.
We’re here to talk all about what does and does not qualify for a wrongful death lawsuit. Read on to learn everything that you need to know.
What Is Wrongful Death?
When someone dies due to someone else’s negligence, carelessness, or intention, the death is a wrongful death. Wrongful death lawsuits are civil lawsuits, but they can work alongside criminal lawsuits if the death was the result of violence.
In most cases, wrongful death cases replace personal injury cases. In a personal injury case, an attorney will work together with the harmed (but alive) party to collect damages and compensation. For a wrongful death case, a wrongful death attorney (who will likely also be a personal injury attorney) will work together with loved ones of the deceased to collect damages.
There are several common types of wrongful death cases. Car accident fatalities, medical malpractice fatalities, and even violent fatalities (such as street fights) can all be part of wrongful death cases.
For the case to be successful, the lawyer needs to be able to prove that the defendant’s negligence (or violent intentions) resulted in the death.
What Damages Come from Wrongful Death Lawsuits?
Getting damages from a wrongful death case can be complicated. Proving that the death resulted from malice or negligence isn’t as easy as it seems, especially when the cause was medical malpractice.
The lawyer needs to be able to prove that there have been monetary injuries to the survivors. Whether they had to pay for medical bills, they lost income, or any other type of serious monetary hit, this is crucial when it comes to the success of a civil wrongful death case.
A lawyer may also be able to get non-economic damages, such as pain and suffering.
Wrongful Death vs Survival Action
It’s possible to set up a survival action suit. If the deceased didn’t die right away, lawyers can treat the case as a typical personal injury lawsuit. The defendant will be responsible for the deceased’s pain, suffering, and all of the medical costs and lost wages that were accrued before the person passed away.
If you’re not sure which of these options is right for you, it’s important to talk to an experienced attorney first.
Do You Need a Wrongful Death Attorney?
If you know someone who’s experienced a wrongful death, it might be time to talk to a good wrongful death or personal injury attorney. They’ll be able to walk you through the process so you can get the justice and damages that you deserve.
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