A wrongful-death suit can be filed if a loved one was killed due to the negligence or incompetence of another business or individual. This could be, among others, the at-fault driver in a car accident or a bartender who served alcohol to an inebriated motorist. It is recommended to reach out to a knowledgeable personal injury lawyer at Correll Law Firm, PLC to discuss your legal options and develop a claim.
Who is eligible to sue for wrongful death?
A spouse that is deceased or immediate family members, children, and parents of a dead person are all legally entitled to compensation under the state’s law. Wrongful death cases seek compensation for the survivors’ losses, including the loss of a deceased’s income or companionship and funeral expenses. The amount you receive will depend on the state’s wrongful-death statute and its terms. In most cases, it is the person who represents the deceased’s estate who files a wrongful-death lawsuit.
Every state has an administrative “wrongful death legislation,” or set of statutes that regulate the process of launching legal proceedings for wrongful deaths.
What Is the Best Way to Prove Wrongful Death?
To be successful in raising a wrongful death claim, one has to prove the following:
- Death of the person.
- The death was caused by another person’s carelessness or harmful intentions.
- The poor financial state of the family members due to the loss.
- A personal representative has been appointed for the deceased’s estate.
Damages for Wrongful Death
In case of wrongful death, the most significant damage is measured in financial injury. Services, assistance, lost inheritance opportunities, and burial and medical expenses are all defined as “pecuniary injuries” by the courts. In most lawsuits, the damages for wrongful deaths are reasonable and fair to compensate for the financial loss caused by the death of the deceased. The distributees who paid for the funeral or medical treatment of the dead could be eligible to recover those expenses. Additionally, interest will be added to any damages awarded as of the death of the deceased.
Only a small percentage of wrongful death lawsuits will be eventually tried in front of judges. This is the norm with many cases. Because of the expenses involved in litigation, legal professionals often negotiate settlement agreements to avoid trials. Generally, lawyers negotiate better bargains for their clients than defendants could obtain on their own.