It can be extremely painful to lose someone unnecessarily. When this happens, you may not even want to consider finances while you are still processing the loss of your loved one and dealing with grief. However, in order to seek justice and pursue compensation for the damages that you deserve, it is important that you take the time to recognize the signs that you have a valid wrongful death claim. Below is a look at three things that are necessary to make a valid claim in court.
In the event that your loved one would have lived and would have been able to pursue a personal injury case, then there is a good chance that you have the grounds to pursue a wrongful death lawsuit. Your loved one's death must be the direct result of the negligent or reckless actions of another individual or institution. For instance, if your loved one was fatally injured when someone else committed a crime or as a result of unsafe property conditions, you should reach out to a local wrongful death attorney with the details of your case and pursue compensation.
Duty of Care
All individuals and businesses are obligated—by law—to behave in a reasonable manner and avoid endangering others unnecessarily. Individuals who are in certain professions, like health care physicians and medical staff, are typically held to a much higher standard than others. In these particular instances, issues and lawsuits that follow that may involve leaving a surgical instrument behind in a patient after a surgery or a misdiagnosis are generally categorized as medical malpractice.
It's unfortunate, but not all members of the family are eligible to receive compensation in a wrongful death lawsuit. Rather, it is only the family members who have been directly and financially harmed who have the grounds to pursue the claim. Generally, this stipulation limits the lawsuit to immediate or very close family members. Damages tend to include medical payments, loss of income, burial expenses, loss of consortium, and other associated costs that result with the death of the loved one.
If you believe that your loved one was indeed a victim of wrongful death, schedule an immediate consultation with a wrongful death attorney to discuss your situation and find out whether you have grounds for a lawsuit or not. If you have a solid case and decide to move forward with the case, you will need legal representation as you pursue the maximum possible compensation.Share