4 Elements of a Wrongful Death Lawsuit
It seems that every night on the news we hear about the worst that mankind has to offer – someone is always getting killed or dying due to either natural means or by human means. Unfortunately, when one of our friends or love ones are murdered or their death is untimely, it hits very close to home and is no longer something that we learn which happens to someone else. When we are affected by our loved ones’ death, when they’ve been taken away from us at the hands of evil, we are flooded with emotions that, at times, are intertwined and confusing to most. After some time, we hope to be able to collect our thoughts and refocus our attention on the issues at hand – what to do about finding justice so that the perpetrator is punished to the full extent of the law.
Called it by whichever name homicide, murder, or wrongful death it’s how they are defined that differentiates how the law addresses punishment. In the case of wrongful death in regards to tort cases, the defendant or person or entity being accused of conduct that which has resulted in the death of the victim, it leaves the family and other survivors or dependents left to grieve and suffer in the absence of the victim. There are time limits associated with filing a suit, there are plaintiff qualifications, and each state varies in regards to the permissible damages. The ‘common law’ concept is inherited from England and was adopted in the early years after our country was established – a wrongful death is defined as the death of a person which is due to the legal fault of another person. You should seriously consider legal counsel in situations such as wrongful death.
To learn more about wrongful death litigation, resources available, and for information concerning your rights, what to do, and to learn about available options, visit The Attkisson Law Firm.
There are four fundamental claims for wrongful death:
-Death of a person at the cause of another person or entity;
-The death of the victim led to monetary damages;
-Caused by another's negligence, or with intent to cause harm. For example, if you family member had cancer, you can’t file a wrongful death suit against the doctor;
-The survival of family members such as surviving spouse or child/children or dependents who are suffering monetary injury as a result of the death. An example may include the victims’ death of the victim that personally damaged an immediate family member who could collect compensation;
Some typical examples of how a wrongful death may occur include criminal behavior, medical malpractice,automobile or airplane accident, occupational exposure to hazardous conditions, and death during a supervised activity to name a few.Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. In general, laws typically provide awards for wrongful death so that they are fair and just compensation.