The death of a family member is not something that anybody wants to face, but when it is a due to somebody else’s negligence or carelessness, it is even harder to handle. In cases like those, the survivors of the victim must look closely at what happened to determine if there is potential for a wrongful death lawsuit. Not all cases will qualify for a lawsuit, so you will want to learn what to look for before approaching an attorney.
Types of Wrongful Death Cases
Personal Injury Attorneys take a variety of wrongful death cases, but not all of them specialize in the type of case you have. Car accidents are one of the most common causes of a wrongful death lawsuit, but you also have medical malpractice, workplace accidents, and product liability that are quite common. Other types of cases that are not as common include children’s deaths, police misconduct, and nursing home deaths. What you need to do is identify what type of case you have and contact a lawyer who specializes in that area.
Who is Responsible?
In order for there to be a valid wrongful death case, somebody else is responsible for the death. Who is responsible for the accident can include government agencies, individual people, or business corporations; it all depends on what type of case you have. For example, if your husband is using a defective ladder, falls off the ladder, and is killed because of those injuries the manufacturer of the ladder they could be held responsible for his death. Alternatively, if your husband is not using the ladder correctly the manufacturer is not responsible for his death.
With these types of lawsuits, all you need to do is prove that the group responsible was negligent in their actions, which resulted in the person’s death. Something else to keep in mind is that in some cases more than one party is responsible. In that case, both parties will need to be named in the wrongful death lawsuit.
Who Can Bring Forth a Wrongful Death Lawsuit?
In most wrongful death cases, any relative that would inherit something from the deceased under the state’s probate laws can rightfully file the lawsuit. Some states will also allow domestic partners to file the lawsuit. The surviving spouse is the most common filer in these lawsuits, but that doesn’t mean they are the only people eligible to collect from the lawsuit because more than one person can qualify as a survivor. For example, parents who are financially dependent on adult children are survivors in the lawsuit, but so are any children who live with the victim for more than six months out of the year. Any qualified survivor is able to collect monetary damages, but the amount can vary.
These are just the basic factors that you need to know when filing a wrongful death lawsuit. Other rules and restrictions can apply, so be sure to check with a Personal Injury Attorney who specializes in wrong deaths.
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