May 15, 2017
A Wrongful Death Attorney Explains the Intricacies of Making a Claim
Image 1: A Wrongful Death Attorney Should be Engaged by the Victim’s Family
Dealing with the death of a loved one is a heartbreaking experience, no matter what the circumstances may be. However, in a wrongful death case, there is a sense of injustice that must be dealt with as a victim is taken before their natural time.
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Every year, over 90,000 wrongful deaths occur as a result of medical malpractice. Even more shocking is the fact that this figure doesn’t even include the numbers from other causes. There are many intricacies involved in making wrongful death claims that this guide aims to clarify. How Does a Wrongful Death Claim Work? Several factors must be present for someone to proceed with a wrongful death lawsuit. Firstly, a person must have lost his life as a result of another person’s negligence. Secondly, there must be surviving family members who are dealing with financial hardship as a result of the death. Finally, there must be a representative appointed to deal with the deceased person’s estate. Common circumstances that bring about a wrongful death claim include medical malpractice, occupational exposure to hazardous substances, and car accidents caused as a result of negligence. However, any death that fits the criteria listed above can be brought forward as a claim. For a claim to be successful, a wrongful death attorney will need to clearly prove that there was a direct link between the misconduct or negligence of the accused and the person’s death. In general, any claim that would have been a personal injury claim should the deceased have lived can become a wrongful death claim. Damages are awarded to cover the cost of a funeral and medical bills, as well as to cover the income lost as a result of the death and to buffer against the emotional impact of the death. Who Should Speak to the Wrongful Death Attorney? Not everyone can file a wrongful death claim, though. It’s usually expected that the deceased person’s spouse, children, parents or someone else who is financially reliant on the individual who has died will make a claim. Whoever files the claim will generally be the one to speak regularly to the attorney, but other family members who are also putting in a claim for compensation will need to keep a line of communication too.
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Which Family Members Can Receive Compensation? If you were reliant financially on the deceased, then you are eligible to seek for compensation. Only immediate family members can claim, though you can ask an attorney if you believe you’re entitled to some form of compensation. No one should ever have to deal with the untimely death of a loved one, but if you believe you have grounds to file a wrongful death claim, don’t hesitate to contact a trusted attorney for legal representation. About D & Z Law Group, LLP: If you need an attorney who will be sensitive to your personal situation, yet confident in negotiating on your behalf, contact us at D & Z Law Group. We’re a group of attorneys who are skilled in managing wrongful death cases, and we’re committed to giving all of our valued clients satisfying resolutions.
Sources: Wrongful Death Overview, Injury.FindLaw.com How a Wrongful Death Lawsuit Works, AllLaw.com
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