Wrongful Death Lawsuits
When serious personal injury accidents claim the lives of innocent victims, surviving family members often need to find closure, which typically involves making sure the persons responsible are held accountable.Too often, however, the unexpected deaths of loved ones also create significant, unforeseen financial hardships that must be born by families already reeling from tragedy. Wrongful death lawsuitsprovide victims' families with a means to obtain not only justice on behalf of the victims but compensation for those unanticipated and sudden losses.Representation by experienced wrongful death lawyers can ensure that the rights of both the victims and their families are protected and that justice is served.
Each state has its own laws governing the filing of wrongful death lawsuits, which are tried in civil courts and are intended not to establish criminal responsibility but rather the amount of compensation, if any, that may be awarded to victims' families. As in a personal injury lawsuit, the persons bringing a wrongful death claim seek to identify who is liable for the accident and to what degree.
Who May File a Wrongful Death Claim
Wrongful death lawsuits may only be filed by the executors of the victims' estates. The person identified in the victim's will as the individual with the authority to both distribute assets and pay debts, an executor is often a family member, typically a spouse, child or parent. He or she files the lawsuit on behalf of the victim's immediate family. Typically, only those individuals named in the victim's will as recipients of portions of the estate are entitled to receive compensation, and they must prove that the victim's death negatively affected them either emotionally or financially.
Causes of Wrongful Death
Virtually any type of accident can lead to the wrongful death of the victim. However, one of the most common causes of wrongful death is the all-too-frequent car accident (especially involving an individual driving under the influence). An experienced car accident lawyer can help determine the cause, and he or she can provide the expert representation victims and their families need to obtain justice should the incident result in a motor vehicle accident lawsuit. Regardless if the accident was caused by a defective product, a slip and fall, medical malpractice, toxic exposure, boating accident, construction accident or another type of occurrence, a lawsuit represented by one or more knowledgeable wrongful death lawyers can ensure that your rights are preserved and provide you with the best chance for obtaining the compensation you need.
Wrongful Death Compensation
Compensation in wrongful death lawsuits is paid to victims' estates and distributed by the executors It can include recovery of expenses related to medical and hospital bills, funeral costs, as well as payment for lost wages. Additionally, an attorney may be able to obtain on behalf of family members compensation for damages such as:
- Loss of companionship
- Loss of financial support
- Loss of parental support
- Mental and emotional distress
Some states allow for the payment of punitive damages in wrongful death lawsuits. Punitive damages are ordered as punishment in cases where the victim's death was the result of the malicious behavior of the liable person or persons.
Wrongful Death Lawyers
The wrongful death of a loved one, whether it is a result of a defective drug or product, medical malpractice, a motor vehicle accident, or another personal injury, is a tragic loss. A wrongful death lawsuit provides a victim's family with a means to reduce the financial hardships they may face, and more importantly, find closure in the wake of their loss. Wrongful death lawyers are skilled in the practice of the law and can pursue justice on behalf of victims and their families. If you have suffered a loss as a result of the negligence of another person, you should consult an experienced wrongful death attorney to ensure your rights are protected.