If there’s an act of negligence or misconduct by other parties that resulted in death by the victim, it is considered a wrongful death. It is a civil action that is different from other criminal charges. In a civil case, the standards in evidence are lower comparing to murder which is a criminal case. The surviving family members are entitled to claims that cover all wrongful death damages caused by the tragic event.
This kind of case may happen if a victim dies after he or she filed a personal injury claim due to a negligent action of the guilty party. To know what is considered a wrongful death case, below are the situations that fall to it.
A car accident that resulted in the death by negligence of another driver is a wrongful death case. The guilty party could be intoxicated, drunk, distracted, or reckless while behind the wheel. The surviving family may file a wrongful death claim especially when it was proven that the death of their loved one is due to irresponsible driving of the other party.
Medical Misconduct and Malpractice
A medical malpractice case happens when a victim died due to an incorrect medical diagnosis and treatment by the doctor. Another possible reason is the lack of care when the patient’s medical case demands that high level of attention. It could be medical misconduct when the medical providers performed inappropriate actions to the patient that could lead to the worst health condition or even death. In such cases, a wrongful death claim could be filed against the medical providers to get compensation that covers all damages by their negligence.
A wrongful death claim could be filed by the family members if the victim was intentionally killed. The guilty party will be facing a criminal charge. The surviving family members could file a civil lawsuit for the wrongful death case. This one would be a different lawsuit from the criminal case.
Wrongful Death Lawsuit Factors
A wrongful death case has different factors to be considered during the process. These factors will play a big role in the case that’s why the surviving family should provide strong pieces of evidence. Evidence is very important in a wrongful death case. Below are the four factors that the plaintiffs must prove to be entitled to claims to cover wrongful death damages.
The lawyers of the surviving family members should prove to the court that there is negligence on the part of the defendants. There must be enough evidence that supports the accusation of carelessness by the defending party that caused the death of the victim.
The relationship between the negligence by the defendants and the cause of death of the victim should have a direct connection. It means that it should be proven that the actions of the defendants contribute to the reason for the victim’s death.
Expenses and Financial Loss Due to Damages
There should be damages that affected the surviving family members financially. These include the expenses related to medication, funeral and burial, loss of financial opportunities, inheritance, and others. It must be proven with evidence and testimonies by experts that there are such losses and damages on the part of the plaintiffs.
Act of Irresponsibility
It must be proven that the defendants didn’t fully perform their responsibilities or duties as they should. There should be an act of irresponsibility by the other parties that resulted in the death of the victim. Pieces of evidence must be presented and witnesses will be a big help as well to support the accusations.
Wrongful Death Damages
Compensation could be received by the plaintiffs or surviving family members to cover all damages due to the negligence of the defendants. In a wrongful death case, here are the different kinds of damages that the plaintiffs could have experienced.
- Costs of all medications and treatment for the personal injury
- Victim’s pain and suffering
- Loss of care for the dependents
- Loss of companionship and love
- Burial and funeral expenses
- Lost of potential inheritance due to the victim’s untimely death
- Lost of victim’s potential income
Legal Help for a Wrongful Death Case
A victim’s death by negligence is a difficult time for the family members of the victim. The victim and the family deserve justice to punish the guilty party and gain support that helps to start again from this tragic event. If you have experienced such a situation, don’t hesitate to seek legal help from experienced personal injury law attorneys like Freeway Law. The process will be complex and confusing which is why having legal help will make it easier for you. We have the knowledge, skills, and expertise to help you get justice for your loved one. We could help you with all aspects of the case to ensure positive results. Call us now at (844) 443-7339 for a free consultation.