Pursuing a Wrongful Death Claim
Wrongful Death Lawyer
The purpose of pursuing a wrongful death lawsuit is to allow the family or representative of the estate of the deceased to seek damages against the party who was responsible or negligent for the death of their loved one. For advice on how to move forward with a wrongful death claim, contact experienced attorneys to discuss the particulars of your situation.
How to Know When it is Appropriate to File a Wrongful Death Claim
When the death of the victim is a result of intentionally harming them or as a because of a negligent act the victim died, a wrongful death lawsuit may be filed by the family. A wrongful death is a claim brought against another person who was held liable for the death of their victim. The claim is brought in a civil action, commonly by close family members or a representative of the victim’s estate. There are several situations where a wrongful death claim may be applicable:
- The victim was killed intentionally. The wrongful death suit is tried separately from the criminal suit and even if the defendant is found innocent during the criminal case, there may be enough evidence to win the wrongful death lawsuit.
- Medical malpractice — A physician may be held responsible for wrongful death if they misdiagnose or don’t diagnose a medical condition, or if the physician’s level of care is sub par and the victim dies as a result of their lack of care.
- Automobile fatal accidents where negligence is a factor — If, as a result of injuries sustained in an automobile accident, the victim dies, there may be enough evidence to bring a wrongful death claim against those responsible.
Many times when a personal injury lawsuit is being pursued and the victim dies, a wrongful death claim can take its place.
Who Files the Wrongful Death Claim?
That answer could vary from state to state, but in every state the spouse is able to file a wrongful death claim on their deceased’s behalf. Parents of a minor child who is killed may file a wrongful action claim. Conversely, minor children can file a claim because of the death of one of their parents. The more distant relationship with the deceased, the more difficult it is to collect on a wrongful death suit. Your lawyer will explain this to you in detail during your consultation.
What Kind of Damages Can be Awarded in a Wrongful Death Claim?
- Pain and suffering the deceased individual sustained prior to their death
- Medical expenses prior to the victim’s death
- Funeral expenses
- Inheritance lost because of their death
- Projected income loss of deceased individual
- Companionship and love lost
- Damages for the value of any services that the victim provided for their family
Losing a loved one tragically is not only unexpected but extremely traumatic and life-changing for the affected family and friends. The fact that the loved one was killed due to the negligence or intention of someone else can be devastating. Contact an experienced wrongful death lawyer Orlando trusts and let us help you through the legal maze of a wrongful death claim.
Thank you to our friends and contributors at Needle & Ellenberg, P.A. for their insight into wrongful death and personal injury claims.