The Top 5 Questions & Answers About Wrongful Death Cases
When a loved one dies, we experience a wide spectrum of emotions. These emotions can be exacerbated if our loved one died due to negligence or someone's intent to do harm. But how are wrongful death cases determined and validated? And what damages can you be compensated for?
The laws surrounding wrongful death cases can vary from state to state. However, there are some national standards that answer some of the most common questions. If you think you may have a case and want to learn more, keep reading for the top five questions and answers about wrongful death cases.
1. What is Considered a Wrongful death?
To be considered a wrongful death, the victim must have died due to the accused's negligence, willful, or wrongful act. This can include things such as medical malpractice, motor vehicle accidents, wrongful exposure to a dangerous environment or hazardous materials, criminal behavior, training accidents, etc.
For the validity of wrongful death cases, several factors must hold true. The death must have been that of a human being, and the surviving family member(s) must suffer a financial injury in one form or another. Additionally, a personal representative of the deceased's estate must be appointed.
2. Who Do I Contact to File a Suit/What Kind of Lawyer Do I Need?
When it comes time to file wrongful death cases, you need to know who to contact. Do you need a special lawyer?
Ideally, you'll want to find a lawyer or law firm whose practice specializes in wrongful death lawsuits. Most law firm websites will direct you to their areas of expertise. This can help you streamline your process of finding the right lawyer for specific needs. For example, at Bronson Firm, wrongful death lawsuits are one of our main areas of practice.
3. How is Wrongful Death Different From Medical Malpractice?
While wrongful death cases can certainly be claimed due to medical malpractice, the two types of lawsuits are different. Wrongful death cases can arise from a myriad of causes, as noted above, whereas medical malpractice is limited to medical care only.
Medical malpractice cases can be claimed for injuries, sickness, and death. However, if someone has died, it becomes both a medical malpractice case and a wrongful death case, which can change the rules and laws about filing, compensation, punitive repercussions, and more.
4. What Financial Reimbursement are Survivors Entitled To?
The survivors of wrongful death cases are entitled to certain recoverable damages, such as lost finances, services, emotional support, loss of a parent, and more. However, monetary reimbursement may also be acquired for things such as pain and suffering of the loved one, lower quality of life before death, etc.
5. How Are Damages Decided?
Wrongful death cases and penalties are determined by a jury to maintain fairness. The jury can adjust award amounts based on the facts and perceived damages presented in the trail. The jury may also dictate punitive damages, which exist to serve punishment for wrongdoing, negligence, or fault in the event of wrongful death. Though, punitive damages are often reserved for cases in which the wrongful death was a result of malicious intent.
Do You Have More Questions About Wrongful Death Cases?
Wrongful death cases can be difficult to navigate, especially when emotions are high and the survivors are suffering significant loss. However, calling the right people to help you with your case can go a long way towards making the process more bearable. Contact us today to see what we can do for you and get a free consultation.