A wrongful death lawsuit comes in effect when a person’s death happened because of wrongful and intentional act or by the negligence of another person. The wrongful death claim can be made by someone close to the deceased person, if the reason behind the death is the negligent or malicious act of the defendant. Such a claim can be filed by surviving family members or those who depend on the deceased person for a living.
When does a wrongful death claim come into play?
A wrongful death claim can be filed when a person gets killed by the wrongful action of the defendant. It arises when a person, who would otherwise have the right to claim for personal injury, got killed. This can occur in various circumstances. Some of the situations which lead to a wrongful death lawsuit are listed below. You can click here for more helpful hints.
When a person gets intentionally killed: It thedefendant tried to kill the victim intentionally, then the victim’s relatives can file a lawsuit against the person who is at fault. It is possible to make wrongful death claim even if there is an ongoing criminal case for the same incident.
When a person dies as a result of medical malpractice: If a person’s death occurred due to the negligence of a doctor, then a wrongful death lawsuit comes in effect. If the doctor failed to diagnose the condition of the patient, or if the doctor failed to provide proper care, and the patient dies because of this, then the doctor can be sued in such cases.
Motor vehicle accident: The wrongful death claim is also applicable if a person dies because of the injuries caused by a motor vehicle accident.
What must be proven?
To have the right to get a wrongful death claim, the plaintiffs must prove that the defendant is liable for the death of the victim. For example, if the case is filed for the death occurred by the negligence of the defendant, then it should be proven that the defendant’s breach of duty was the cause of the death, as he failed do his responsibility properly. For getting the claim, plaintiffs should also prove that the death of the victim caused the damages that they are trying to recover.
Who can file a lawsuit?
The close relatives of the victim can file a wrongful death lawsuit. Spouse, children, or any other close relatives who were dependent on the deceased for living have the right to make a wrongful death claim.