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An A-Z Guide to Wrongful Death

When a loved one dies due to the negligence of another party, the surviving family members may be left with many unanswered questions and unmet financial needs. In these situations, wrongful death lawsuits can help provide financial support while holding accountable those responsible for the loss. Even if you’re aware of your state’s wrongful death statutes, the specifics of each law can prove challenging to understand when dealing with such a personal and tragic situation. Even though it is hard, you need to fight for your losses. Because fighting is the only way to prevent future incidents. This A-Z guide discusses wrongful death and how you can deal with it.

What is a Wrongful Death?

Wrongful death is the death of an individual caused by another person’s negligence or intentional misconduct. Depending on the laws of the state in which you live, a wrongful death claim may be filed by the deceased person’s estate, the executor of the deceased’s estate, or by the deceased’s next of kin. There are two types of wrongful deaths: – Intracellular death – This is when a person is injured and passes away due to the failure of their immune system and internal organs. – Extracellular death – This is when a person dies due to external circumstances like a car crash or medical mistake.

Why File a Wrongful Death Lawsuit?

These lawsuits are intended to compensate surviving family members for losing their loved one’s companionship, care, financial support, and affection. The amount of compensation will vary depending on several factors, including: – The deceased’s age – The older the deceased, the more financial support they may have been providing to their family members. – The deceased’s earning potential includes expected salaries, job skills, and special education.

Who Can Sue? Surviving Family Members Only

When a loved one passes away due to another person’s negligence, the family members have the legal right to file a wrongful death lawsuit against the responsible party. However, in some situations, they may not be successful if they were not the decedent’s spouse, child, or parent. In general, family members must be of the same level of kinship to qualify as potential claimants. These include:

– The deceased’s spouse

– Whether the deceased was married once or several times, their current spouse is the only person eligible to file.

– The deceased’s children include their natural-born and adopted children.

– The deceased’s parents – This includes their biological parents and adoptive parents.

Legal Basis for Wrongful Death Cases

There are three ways in which wrongful death lawsuits may be filed:

– Intentional conduct: The deceased was killed or injured due to another person’s deliberate act. This includes things like assault, battery, and murder.

– Negligent conduct: The deceased was killed or injured due to the negligence of another party. – Malpractice: This encompasses any negligent acts, including driving while under the influence of drugs or alcohol, criminal negligence, and medical malpractice.

Summing Up

Death is a difficult topic to discuss, let alone prepare for. While it’s impossible to know when you or a loved one will pass away, it’s important to be prepared with the knowledge of how to handle these situations. In the unfortunate event of wrongful death, it’s important to understand the legal implications of such situations. Grief needs to be dealt with so that you can pursue the case mindfully in the case of wrongful death.

 

 

 

 

 

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