If you’ve read about the wrongful death claims lawsuits, you’re well aware of how necessary it is to present a well-rounded case at court. Even though the legal representatives of the parties involved may negotiate a settlement before the suit reaches the court, it is all the more vital that the aggrieved parties have all their facts right. Many times, the party affected receives the short end of the stick and has to settle for meager compensation due to a lack of awareness.
Since the states differ in their legislation regarding wrongful deaths, we’re going to help you with eight pointers that will help you regardless of your jurisdiction. Read the key elements of a wrongful death lawsuit below.
1.The definition of wrongful death: To file a wrongful death lawsuit, one must be aware of the definition of the term ‘wrongful death’. In the US and several other countries, wrongful death refers to the unfortunate incident of an individual losing their life due to the misconduct or negligence of another party. These parties may be another individual, an organization, or a business entity. The caveat of proving wrongful death can also lie in the intent to cause harm or suffering, which makes legitimate grounds to sue.
2.The reasons for wrongful death: There are several reasons that may cause the wrongful death of a citizen. Some of them are
- Automobile or machinery-related accidents
- Poisoning
- Boating and waterbody accidents
- Falling
- Workplace-related accidents
- Medical negligence or malpractice
- Product failure or defects
- Criminal conduct
3.How the court determines an act of negligence: When you seek out wrongful death attorney services, their first task is to build a case. The premise of this lawsuit is furnishing proof of negligence. But what is legally defined as negligence? Since the burden of proof lies on the afflicted, you need to show evidence that the act was intentional. This could look like collecting incident reports and recounting events that lead to the wrongful death of the said individual.
4.Parties within their rights to file a suit: The parties mentioned below can press charges for the wrongful death of an individual:
- Parents of an unborn fetus
- Direct descendants of the deceased
- Dependant relatives of the deceased that have suffered due to the deprivation of their company
- Widow or widower of the deceased
- Dependant parents of the deceased
5.Damages that are under the purview of wrongful death: One of the most common questions when it comes to wrongful death lawsuits is understanding what expenses and costs can be compensated as damages. The following make part of the damages claim:
- Medical expenses
- Lost wages up to the retirement of the deceased
- Funeral and burial expenditure
- Loss of consortium
- Pain and suffering caused to the bereaved
- Loss of companionship and deprivation of company
- Loss of instruction and guidance (for children and grandchildren)
6.Statute of limitations regarding a wrongful death suit: In a wrongful death lawsuit, the sooner a case is filed, the more effective the remedy will be. The affected parties are required to file a lawsuit within two years of the occurrence of such an incident. On occasion, if the party fails to do so, one cannot sue to claim for monetary damages. Hence, a quick investigation and proving negligence will bring you swift justice.
7.At-fault or no-fault states: Before you file a lawsuit, approach an attorney for wrongful death to understand your state’s stance on fault. The term at-fault refers to the onus of proving the aggrieved party is liable to receive compensation due to the misconduct of the perpetrator party. There are fault and no-fault states, which can change the remedy of the lawsuit by a substantial margin.
8.Parties liable to be sued: Parties normally responsible for damages in wrongful deaths include:
- At-fault parties and entities (due to negligence or malintent)
- The deceased person’s employer, if the party causing such a wrongful death was acting within the purview of their employment duty.
- The manufacturer of a defective product
Wrapping Up:
It is rightly said knowledge is power. For the law to help common citizens, one must empower themselves with an understanding of their rights. One of the most essential rights is the Right to Seek Legal Redressal and to Sue. to have the most favorable outcome in a wrongful death lawsuit, it is always advised to hire legal attorney services to build a strong case. We hope that our article helped you gain some actionable insights based on the provisions of wrongful death lawsuits. For more information on legal matters, stay tuned to our next editorials.
