Wrongful Death — How A Civil Lawsuit Works
Carelessness, recklessness, or negligence often play a part in proving that an individual was the victim of a wrongful death claim. A surviving family member of the decedent can file charges against the party who is responsible for the death. Learn how this type of case is filed, plus how an attorney will substantiate a claim.
A Civil Procedure
A wrongful death lawsuit is a civil procedure. Some states only allow immediate family members to file a wrongful death suit. Others allow surviving family members to file a claim, even if a surviving member is not an immediate family member. For this type of claim to be valid, the decedent must have supported the plaintiff.
A wrongful death court case will require substantial proof that the death was preventable. An attorney may use expert testimony, written statements, and medical records to prove that the party who has been accused is at fault.
Wrongful Death Cases
There are many situations that warrant filing a wrongful death lawsuit. Medical malpractice, caregiver negligence, birth injuries, and employment hazards may result in the accidental death of a person. These types of situations, plus others, may qualify for a wrongful death court proceeding.
Before a case is deemed eligible for a wrongful death lawsuit, a surviving family member should consult with a wrongful death attorney. There are many variables that will determine if a wrongful death lawsuit can legally be filed. An attorney will consult with a living family member to determine if a case can be brought against the guilty party.
Quantifiable damages need to be based on factual evidence. The damages that are outlined will determine how much money a guilty party is responsible for. A wrongful death attorney will provide a listing of damages that may pertain to a wrongful death case.
These types of damages may include medical expenses, the loss of income, the cost of a funeral, the cost of potential earnings, funeral and burial expenses, and the pain and suffering that a victim endured.
If a living family member/members win their case, the insurance company that represents the defendant will be responsible for paying the plaintiff/plaintiffs. The monetary payment will be received by the wrongful death attorney.
Once the attorney collects their payment from the payout, they will distribute the rest of the funds to the living relative/relatives. This payment may be a lump sum or it may be broken down into scheduled payments.
Contact a legal service like Slone & Bates Attorneys At Law to learn more.