ExecutiveChronicles | How to Take Legal Action Against the Negligent Party in a Wrongful Death Case | Losing near and dear ones is the most painful event in life. Nothing can replace their presence and the memories you had with them. But what if the sudden death of your loved ones was caused by someone else’s negligence? Won’t you fight back for justice?
A wrongful death caused by the negligence of some other person is most common in road accidents and medical malpractice. It is impossible to keep calm in such scenarios, but the first thing you should do is search for wrongful death lawyers near you and put the guilty person behind bars, or at least make them go through the deserved punishment.
Understanding a Wrongful Death Case
Although the idea of a wrongful death case is that death results from another person’s negligence or significant mistakes, the scenarios may differ. For instance, losing a spouse in a car accident because of another driver’s mistake is a wrongful death case. Similarly, medical malpractice that results in death is also a wrongful death case.
Any criminal activity resulting in a person’s death, for instance, theft, is also considered a wrongful death case. Every state has its own set of laws for filing such a case and different durations and types of punishment. Anyone can take legal action against the negligent party by hiring an attorney.
Different Types of Wrongful Deaths
Usually, wrongful deaths fall into three categories: intentional, malpractice, and negligence. In an intentional case, it is an assault, murder, or some other means adapted for the killing, such as an explosive.
Malpractice is common in hospitals when a doctor or any care provider wrongfully kills the patient through mistreatment. The reasons can be an overdose, wrong medicines, negligence, or failure to provide proper treatment.
Similarly, a wrongful death can also result from negligence, such as a car driver’s negligence resulting in someone’s death. The death occurred due to negligence at a construction site, a sudden attack from pet animals, and other similar reasons.
Who Can Sue?
Who can file a lawsuit against the negligent party? Any family member of the victim can file a case in the court with jurisdiction. If not immediately, because the family members go through a long period of trauma, wrongful death cases can be filed months after the incident.
The maximum duration for filing a wrongful death case varies from state to state; for instance, in Washington, the maximum time limit is three years. After that, the case becomes invalid.
Types of Claims to Expect
Not just the loss of a loved one, the family has to endure many types of losses; hence, they deserve a claim. No amount can replace a person, but the claims can economically support families and help them stand back again. Claims are beneficial if the earning member of the family dies. When you file a wrongful death case, you can expect the following:
- Medical expenses, including hospital bills and the cost of various treatments.
- Funeral expenses are also covered under such claims. Sudden death can be a financial burden for any family; therefore, the expenses are provided for.
- Compensation for loss of income. This type of claim can be made if the earning member dies.
Filing a Lawsuit
Any family member of the victim, including spouse, children, parents, or extended relatives, can file a lawsuit. Since filing a lawsuit involves many legal procedures, hiring an attorney who can guide you throughout the journey is best. An attorney will also help win the case and claim the maximum compensation. According to surveys, attorneys have helped people with wrongful death cases claim thousands or millions of dollars in some cases.
No one deserves to encounter death because of someone else’s mistake, and if that is their fate, it is the responsibility of the surviving family members to fight back. A negligent person who has resulted in a death knowingly or unknowingly must be punished, and the deceased’s family must have financial support to continue in life.