A wrongful death suit can result from a situation where those close to a deceased individual believe that their passing was caused by negligence for the safety of the victim by someone else, whether intentional or not. In these cases, an attorney may be able to help a victim’s loved ones seek compensation for their loss.
A successful lawsuit will need to offer sufficient evidence that a defendant caused the passing of a victim by creating an unsafe or irresponsible situation. However, there are many nuances that separate a wrongful death suit from other legal cases involving death by negligence. An accident in the workplace that causes the demise of an employee might not be classified as a wrongful death suit, as damages incurred might be considered part of workers’ compensation.
In the case of the murder of a loved one, families may file a lawsuit against a defendant in order to receive financial damages. This would be in addition to a murder trial, which would determine whether or not a defendant was guilty and any punishments they would face as a result of the verdict. A commonly cited example is the O.J. Simpson murder case. Although he was found not guilty by the state, the families of the deceased were able to file a successful civil lawsuit and receive financial compensation.
An automobile collision can also be grounds for a lawsuit if negligence can be proven, such as a case where it is clear that the defendant violated traffic laws or drove recklessly and caused the unintentional demise of someone else.
Another example of a potential wrongful death suit is when doctors or medical professionals are negligent and cause the death of a patient, otherwise known as medical malpractice. In medical malpractice cases, the consequences can be very severe, possibly resulting in the suspension of a doctor’s medical license.
The parties who are legally eligible to file one of these suits vary by state, as the victim’s loved one must be able to demonstrate that they suffered financially in order to justify receiving compensation. Damages awarded for wrongful death also tend to vary by state, as some states allow for certain damages to be awarded while others do not. Potential damages include reimbursement for hospital bills and burial fees, loss of salary and benefits, and emotional distress.
As previously stated, a successful claim is usually able to prove that a defendant was negligent in a situation where a victim’s safety was implied. An attorney can help the family of a victim receive proper damages to pay for any emotional or financial costs associated with the untimely loss of a loved one.