Understanding Wrongful Death: What It Means and How to Proceed for a Claim?

Wrongful death is a heart-wrenching event that can lead people to unimaginable pain and suffering. It is a burden that no one wants to bear, but unfortunately, many people have gone through it. If you or your loved one has lost their family member, you need to understand the legal proceedings to seek justice for the victim of wrongful death. So, in this blog, you’ll learn what wrongful death means and how to seek a claim successfully.

What is Wrongful Death?

Wrongful death refers to a death that results from the unlawful act of another individual, entitling the deceased’s family to compensation. This could be due to carelessness, being in a state of mind where they cared less, or malice. Some of the usual situations that may warrant wrongful death lawsuits are road accidents, doctor’s negligence, workplace mishaps, and any other harm arising from the usage of a product.

Who Has the Right to File a Wrongful Death Lawsuit?

Usually, the legal beneficiaries who have a right to institute a wrongful death action are the close members of the family of the deceased. This includes:

• Spouses: The remaining party can sue for loss of consortium, maintenance, and funeral expenses.
• Children: Minor children can claim loss of parental care and advice since the compensation also covers this aspect.
• Parents: When the deceased is a child, for instance, the parents could follow the legal procedure of filing a claim for the loss of their child.
• In some cases, it is also possible to file a claim for compensation for the siblings, grandparents, and other close relatives.

How Wrongful Death Occurs?

Wrongful death can take many forms, all of which arise from negligence, recklessness, or even intentional wrongdoing.

Car Accidents

Many wrongful deaths happen in car accidents that are a result of negligence from the driver. Such accidents may include cases of speeding, distracted operation of the car, drunk operation, and many others that may amount to negligence. For instance, a wrongful death claim may be brought about by a head-on collision by a driver who was texting at the time of the accident.

Medical Malpractice

Wrongful death can be caused by a medical mistake in surgery, diagnosis, or prescription, among other reasons. For example, suppose a surgeon has done a surgical operation carelessly and the patient dies from the complications that are caused by the negligence of the surgeon. In that case, the surviving members of the family of the deceased can file a wrongful death lawsuit.

Workplace Incident

Accidents that cause fatalities at the workplace, like falls, electric shocks, or an accident caused by a machine, can also result in wrongful death. One can only imagine that employers’ negligence in their primary duty to ensure a safe work environment leads to such catastrophes.

Defective Products

Lack of quality control in the production and manufacturing of products such as machinery, vehicles or food can lead to death due to faulty products. In such cases, the manufacturer, distributor or seller of the product may be legally responsible for the wrongful death that results from negligence or lack of adequate measures to prevent the occurrence of such mishaps.

How to Proceed with a Wrongful Death Lawsuit?

Below are the steps that will help you proceed with a wrongful death lawsuit.

Speak to a Wrongful Death Lawyer

The first and perhaps the most important aspect is to seek the services of a wrongful death lawyer. The legal issues of these cases may often be very intricate. Therefore, with the assistance of a wrongful death claim lawyer, you may be able to determine your legal capacity in the matter, the strength of the case, and the legal procedures to be followed.

Gather Evidence

Quite often, wrongful death claims entails strong evidence to be built up. Your attorney will assist you in compiling documents that may include medical reports, accident reports, statements of other witnesses, and any other evidence that supports your case.

File the Claim

Your attorney will then present the wrongful death claim in the court of law. This also involves preparing and filing all legal documents required in the case and ensuring that the claim is filed before the expiration of the time allowed by law or the statute of limitations as provided by the state.

Negotiate a Settlement

Most wrongful death cases do not reach the court because they are settled outside court. Your lawyer will engage the defendant’s insurance company or attorney in order to agree on the amount of payment that will fairly cover your family’s losses in terms of medical bills, funeral expenses, lost wages, and intangible damages like suffering.

Trial Preparation 

In the event you cannot come up with a fair settlement, you might proceed to trial. Your attorney will also work on your behalf to build a strong case and pursue the compensation that is legally allowed in the court.

Conclusive Remarks

Hopefully, after learning about wrongful death and its legal procedure, you now understand how important it is to seek legal guidance to get what you truly deserve. To help you in this painful journey Mokaram Law Firm is here to serve! Call us today at (281) 609-9224 and consult with our legal team to move forward to legal proceedings.