Suing For Wrongful Death: Understanding Who Has The Right To File A Wrongful Death Lawsuit And Proving It

15 December 2016
 Categories: , Blog

A wrongful death lawsuit can be filed when a person dies because of the negligence of another person. It's really a personal injury lawsuit, but one that had injuries so severe that it resulted in death. A spouse of a loved one has the right to file, as do children of the deceased. If the victim is a child, the parents have the ability to file a wrongful death suit. In addition, if there is an estate, the executor of the estate can bring a wrongful death lawsuit forward on behalf of the estate. If more than one case is brought forward, the court will consolidate the cases into one.

Proving a Wrongful Death Occurred

There are obvious cases, and there are not so clear cases of wrongful death. For example, a driver is found 100% at fault for causing an accident because of reckless driving. The victim in the car accident dies because of severe injuries. It is clear why the person died and who was responsible. An example of a complex case is when a person is being treated in the hospital. This individual is seen by a number of medical providers throughout the day. While in hindsight it becomes clear that the person was suffering from a very serious illness, the patient was being treated for something less serious instead. It is up to the attorney who takes on the case, such as one from the Fitzsimmons & Vervaecke Law Firm, to prove that the medical treatment was negligent and was responsible for causing the death of the individual.

The Losses that You Can be Compensated For

No amount of money is going to replace a loved one, but that doesn't mean a wrongful death lawsuit shouldn't be filed. If you just lost your source of income, if you just lost your spouse, you have the right to receive financial compensation for your losses. If you win the case, the court will look at your losses and come up with an amount of compensation that is deemed fair. You may receive compensation for the loss of consortium with your spouse, loss of companionship, and loss of future wages. In addition, if the case is egregious and the medical providers acted completely out of line, the judge can order punitive damages to ensure that this won't happen to another patient.

If you believe that your loved one died because of the negligence of another person, it's time to seek help to get the compensation you deserve.