When To Consider A Wrongful Death Attorney

Death Attorney

When To Consider A Wrongful Death Attorney

In the year 2020, an estimated 200,955 people died because of unintentional injuries. Wrongful deaths are not common, but it still happens. And when it takes place, the surviving family members of the victim suffer the most. 

Just because of someone else’s negligence or misconduct, an individual loses his or her life. Now, just assume in case the victim was the only earning member of a family with a child; the family suffers the possible consequences. That includes mental trauma along with financial issues.  

That is why in the case of wrongful death, the immediate family members of the descendant get compensation. The compensation obviously can not bring the descendant back, but it will help the family to survive. 

However, getting fair compensation is not that easy, and that is why you need a lawyer. Now, the question is when you need a wrongful death attorney. Here we will answer that, but before getting some basic idea about wrongful death. 

What Is A Wrongful Death Lawsuit? 

In case someone is killed or dies as a result of the negligence or wrongdoing of another, the survivors might sue for “wrongful death.” These particular kinds of lawsuits always seek compensation for the loss of the survivor

The compensation includes the lost wages of the deceased individual, funeral expenses, and lost companionship. 

The entire legal concept of a wrongful death revolves around the legal fault of another person, and that results in the demise of an individual. The person at fault can be the driver in a car accident, or the bartender, who has served alcohol to a drunk driver, among others. 

When it comes to the statute of limitations for wrongful death, it varies from one state to the other. However, the state usually defines who might sue for wrongful death in case any type of limitations might be applied to an award of damages. 

The statutes of wrongful death were created in order to provide financial support originally for orphans and widows. 

Who Can Sue For Wrongful Death? 

As per state law, surviving spouses, children, immediate family members, and also parents of the deceased fetus are provided with the recovery. Everything depends on the statute of wrongful death of the state. 

It also might differ from all those considerations under the laws of the state for interstate inheritance purposes. Usually, the wrongful death suit is brought by the personal representative of the descendant’s estate. 

Each state law is equipped with a civil “wrongful death statute” or, in some cases, a set of statutes that establishes the entire process of bringing wrongful death actions. 

Actions for personal injury, expenses incurred, conscious pain and suffering incurred before the death of the descendant are also brought by the particular personal representative. For all these actions, the damaged awards belong to the estate and also might pass to various parties as per the direction of the descendant’s will. 

Wrongful Death Suits After Criminal Trials

Sometimes after a criminal trial, the wrongful death lawsuits come. And that is too using similar evidence. However, they are held to a lower standard of proof. A simple example will help you to understand the thing. 

In the civil and criminal lawsuit trials of O.J. Simpson, the ex-football star was found not guilty of the murder as the criminal jury failed to find him guilty beyond a reasonable doubt. 

At the same time, the civil jury found him liable for the wrongful deaths of two victims by a preponderance of the evidence. 

When To Consider A Wrongful Death Attorney 

In order to get the compensation, you must prove that the death is wrongful. And in order to do that, the plaintiff has to show the following. 

  • The death of a human being. 
  • The reason for the death is someone else’s negligence or intent to cause harm. 
  • As an outcome of the death, the survival of family members is suffering from monetary injury. 
  • The appointment of a personal representative for the estate of the descendant. 

To prove all these things, an individual needs to have proper knowledge of state law. When it is about presenting the case in front of the court, only an experienced legal professional can help you with the case. 

So, to get fair compensation, you must opt for a wrongful death attorney. 

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