Since death is a natural part of life, the term wrongful death can be a bit confusing. What the term means is that an individual’s cause of death can be linked to a specific act that was performed by either a person or an entity. Common examples of wrongful deaths include people who have passed away as a result of a car accident that wasn’t their fault or work related injuries. It could be from a doctor’s error, a mass transport accident, a flawed product, or a criminal act. Maybe it was an act of negligence that led to your loved one’s death. Whatever it was, it could be a case for a wrongful death attorney.
The challenge the legal system faces is determine when one of these acts is considered an “act of God” and it was just the person’s time to go, or it’s as a result of a mistake made by someone else. As the relatives of someone who has recently passed away, and possibly been a victim of a wrongful death, you don’t have to understand the circumstances leading up to their unfortunate passing. The best thing for you to do is to set up a meeting with an experienced wrongful death attorney and let them explore the case. Not only will the attorney decide whether or not you have grounds for a wrongful death case that should be brought before the court, but they’ll also help determine how large a settlement you’re owed.
As a close relation to a person who you believe died wrongfully, you have the ability to press a civil suit against the person or entity responsible for your loved ones death. According to the law, you’re entitled to a have your loved one’s medical expenses covered, be reimbursed for lost wages, and the settlement can also cover the pain and suffering your loved one suffered while they were still alive provided that pain was a result of the incidents that eventually led to their wrongful death. As a member of the person’s family, you may also be entitled to something called “loss of consortium” which allows your emotional pain to be included in the settlement.
There are many different factors that have to be considered before your lawyer can agree to file a wrongful death case, including whether or not you’re the best person to challenge the loved ones death. Just because you loved the person, it doesn’t mean you can receive compensation. Most states have specific laws pertaining to who can and can’t file a wrongful death lawsuit. In many cases, the only people who can file include spouses and children, though in the absence of a spouse, parents can sometimes make a claim.
The different laws regarding wrongful death cases can be complicated, which means that the best thing you can do is to consult with an attorney who specializes in such matters. A wrongful death attorney such as the ones at pulversthompson.com can collect a few details and give you a quick assessment of whether you have a real case.