September 28, 2021

Everything You Need To Know About Wrongful Death Lawsuits

3 min read

Wrongful death lawsuits are filed by people who have encountered deaths that could’ve been avoided. If you have encountered any such situations, you are bound to get compensation. However, there are several things that you should know before filing the lawsuit.

To help you out, we have created a list of everything you need to know. Below is a guide to wrongful death lawsuits.

Types of wrongful death cases

As we mentioned before, wrongful deaths are those deaths that could’ve been avoided. These deaths occur because of the negligence of some other party. There are several types of these deaths.

Below are some of them:

  • Car and motorcycle accidents
  • Bicycle accidents
  • Pedestrian crashes
  • Defective medicines or medical malpractices
  • Injuries or diseases from faulty products
  • Slip and fall accidents due to a third party’s negligence
  • Premises liability accidents
  • Large commercial vehicle accidents

In the accidents mentioned above, if there isn’t any other party involved, it won’t be considered a wrongful death. For instance, an accident involving a drunk driver can come under wrongful death lawsuits.

Proving liability

As mentioned above, you will have to prove that it was the negligence of the other party that has caused the death. For which, you’ll have to prove the following points:

  • The first thing you’ll have to prove is the duty of care. Duty of care refers to the obligation of the third party to care for the injured.
  • The next step is to prove that the party has behaved carelessly and ignored its duty towards the person.
  • Then, you’ll have to justify how it was the ignorance of the duty of care that led to the death of the deceased.
  • Lastly, you’ll have to bring the damages to the surface. Aside from the loss of death, you’ll have to bring forth medical expenses, loss of earning, etc.

Thus, it is important that you hire lawyers from good firms such as Dolan Dobrinsky Rosenblum Bluestein, LLP.

Compensation

Lawsuits cannot bring back the dead; however, they can provide the family with compensation. Once you’ve proven the guilty party, you can move forward to seek compensation. There are two types of people who can seek compensation:

  • Survivors: The family of the deceased such as Sprouse, children, parents, etc., can get compensation.
  • Estate: It refers to the collective legal designation for the property that has been left behind by the deceased.

Below is a list of compensations that the survivors can get once the other party is found guilty:

  • Loss of companionship and emotional suffering
  • Loss of guidance
  • Medical and funeral expenses
  • Loss of future earning

Complications

There are several complications one has to deal with while fighting for a wrongful death lawsuit. Below are some of these complications:

  • Finding evidence to prove the other party’s fault is difficult. Since the victim is deceased, it is quite difficult to prove that the harm was intentional.
  • Many wrongful death cases are also criminal cases. Thus, you’ll have to wait for the criminal case to get solved.
  • Compensation for loss of guidance, emotional suffering, trauma, etc., is difficult to count in terms of money.
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