A wrongful death claim is filed by the plaintiff against the defendant. Wrongful death occurs when the death of the victim is a result of negligence or an intentional act. The law provides that the surviving estate can file a wrongful death on behalf of the deceased. Laws differ on who is allowed to file such a claim.
It is important to consult with a personal injury lawyer on http://www.tjwillmakeempay.com/ in the event of a wrongful death. These cases are highly emotional, and a lawyer will remain objective throughout the case. Given that the surviving estate is still in a grieving period, it is prudent to let a qualified lawyer handle the case.
Wrongful deaths mainly occur as a result of medical malpractice. This can happen if the doctor fails to diagnose or misdiagnoses a condition. It can also be as a result of carelessness by the doctor or nurses. Negligence in an assisted living facility can also result in death. Car accident fatalities are also a major cause of death. Action can be brought against the liable parties so as to receive compensation for the loss incurred.
Once it has been ascertained that negligence resulted in the death of the deceased, the courts award damages to the surviving estate. In most cases, the beneficiaries can be awarded lost earnings, medical bills, lost employment benefits and damages for the pain and suffering caused.
It is important to note that the damages awarded may differ from one state to another. In light is this, it is wise for victims to consult with a personal injury or wrongful death attorney. The lawyer will evaluate the merits of your case and advise you on the best approach. Case evaluation is usually free, and there is no reason as to why you should not seek legal consultation. Again, these cases are mainly charges on a contingency basis.
The challenging part when awarding damages is deciding the parties entitled to receive compensation. In order to receive compensation, the victim must show a connection between them and the deceased. They must prove that they received financial assistance or were dependent on the deceased.
Children can receive compensation to cater for their education and loss of income. Widows can also be awarded damages until they attain the retirement age. Parents who were directly dependent on the deceased can also receive compensation. In most states, there is a cap on the amount that can be awarded in such cases. Getting the full amount will depend on the merits of your case. This is why you should strongly consider enlisting the services of a personal injury or wrongful death attorney. These legal experts have experience and can articulate your case in court to ensure that you receive a fair settlement for the loss.
Wrongful death cases are sometimes characterized by heated, emotional and lengthy court battles. On your own, you may not be in a position to stand the pressure throughout the process. A lawyer takes over the case while you concentrate on healing and moving on with your life.