What is Wrongful Death?
Wrongful death is a relatively new concept in the
legal circles. If you’ve heard this legal jargon and wondering what is wrongful
death and who is a wrongful death lawsuit lawyer, read on to find out.
In any situation, if a person dies because of
negligence, misconduct, malpractice or malicious intent, then it is termed as
wrongful death. Though it may look very simple, it is a very complex lawsuit
and can be handled only by an experienced wrongful death lawsuit attorney. The
following are the situations that could be deemed as wrongful death.
- When a
child dies because of the negligence of the carer
- When a
person dies in an accident because of a manufacturing problem in the
vehicle
- Death
due to medical malpractice
- Exposure
to hazardous chemicals/materials
In a wrongful death, it is usually assumed that
nothing can be done as there is not any criminal activity involved in the
death. The immediate family and loved ones think that nothing can be done as
the death was accidental. But this new legal inclusion has made it possible to
bring justice even for people who die a wrongful death. The minute details and
laws are different in each state, but their overall intent is the same. The
changes may refer to who may apply the lawsuit or the causes of wrongful death.
In such cases of death, any person from the immediate
family, including parents, spouse, grandparents, children or extended family
can consult a wrongful death lawsuit lawyer. The lawyer will investigate all
the aspects and conditions related to death to help you get justice and the
relevant claim.
When you consult a wrongful death lawsuit lawyer,
you should have the following details:
- Proof
of death, which will be a death certificate from the coroner
- Proof
of damage – physical, monetary or emotional trauma because of the death of
the person
- Relevant
witnesses and details to prove that negligence, misconduct or malpractice
was the sole reason for the death of the person
The Wrongful
Death Lawsuit attorney will carefully study the evidence provided by the
witnesses, carefully study the situation of death and the loss to the dear ones
because of the bereavement. The lawyer will ensure that the family gets the
right compensation for the death of the loved ones. In some cases, if the death
of the person has caused monetary loss, the lawsuit will also take those
factors into consideration.
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