What is a wrongful death lawsuit? After a loved one passes away due to an accident or medical negligence, the survivors are left with deep emotional trauma and loss, medical bills, and funeral expenses. If someone’s action (or inaction) caused the death of a loved one, you deserve compensation. A wrongful death lawsuit can help families feel a sense of justice as they bring the liable party to justice. Whether the at-fault party was a negligent driver or malpractice, the at-fault party must be held accountable.
Pursuing a wrongful death action may bring some positive life changes. For example, a wrongful death settlement can help ease the financial burden and bring some sense of closure. Should you and your family decide to move forward with a wrongful death action, you will need a skilled wrongful death attorney by your side. That’s where our law firm comes in. We will help you understand the wrongful death lawsuit process and help you through the process.
A wrongful death happens when somebody is killed due to someone else’s negligence, willful intent, or misconduct. A wrongful death case is a civil lawsuit, unlike murder or manslaughter criminal charges.
To win a wrongful death case, you and your lawyer must prove that the death was caused by the at-fault party’s action or inaction. You also must demonstrate what you lost. This takes the form of companionship, emotional support, income, and physical support.
One of the most common wrongful death lawsuits involves medical malpractice. However, some extreme cases of malice have constituted wrongful death lawsuits in the past. For example, the civil lawsuit filed against O.J. Simpson was brought by the families of Nicole Brown-Simpson and Ronald Goldman. Wrongful death lawsuits span a wide array of incidents.
Generally, only heirs, spouses, and family members by blood are permitted to file wrongful death lawsuits. If your deceased loved one did not have an executor for their estate, your family should discuss who will bring the lawsuit. Also, it is important to review the decedent’s will to identify the heirs. The most common person in charge of filing a wrongful death suit is the decedent’s spouse. If the decedent was unmarried, parents, siblings, or stepsiblings might be able to begin the process involved. If the deceased was a minor, their parents or legal guardians would usually file the lawsuit.