Righting the Wrongs: Surviving Wrongful Death

How wrongful death works and how to handle It

Righting the Wrongs: Surviving Wrongful Death

 

One of the most difficult things in life to tackle is the death of a loved one. What can make that death even more difficult to handle is when the death happened due to something that could have been prevented or avoided. In cases such as these, filing a wrongful death claim can help a family deal with their recent loss and gain justice for events that occurred.

Losing a family member to car accidents, a medical malpractice, or even to a work-related accident can slow down the emotional healing process. The loved ones left behind are left to deal with the aftermath of the injustice that occurred. Sometimes, they are also left to deal with the financial burden the death caused. Either way, close relatives have a way to seek justice.

If you have recently lost a loved one or are simply curious as to what causes wrongful death or how to go about it, below are answers to the most common questions asked around the topic of wrongful death.

 

What is a wrongful death claim?

Wrongful death is a type of personal injury claim filed because the loss of a life occurred due to negligence. A claim can be filed by the estate of the deceased person against another person who was liable for the death.

 

What causes wrongful death?

There can be many causes of wrongful death, but they all stem from negligence or misconduct. Some examples of where and when a wrongful death may occur includes:

  • Medical Malpractice – This is when a medical professional does not provide the level of care necessary for their patient which leads to the patient’s untimely death. Medical malpractice can range from misdiagnosis to prescribing the wrong medicine to surgical injuries.
  • Car Accidents – When another driver is careless, another person may end up paying for it with their life. Drivers who are under the influence, or who were simply driving carelessly, can be held liable for their actions. Drivers, passengers, or pedestrians fatalities due to an irresponsible driver can have a wrongful death claim filed on their behalf by their family members.
  • Truck Accidents – There are many truck accidents that occur within the United States with some of them even resulting in death. For example, when a pedestrian or driver is hit by a commercial truck and dies, a family can file a claim against the truck driver due to negligence if the driver did not stop at a sign or was driving recklessly.
  • Occupational Hazards – A work environment should always provide a safe place for a person to perform their duties. However, when a worker dies due to poor work environments – whether that’s faulty equipment, improper training, or illness caused by unsafe surroundings – a wrongful death claim can be filed.
  • Criminal Acts – When a person dies from a criminal act, such as homicide, a family member can file a wrongful death claim separately from the criminal trial.

 

Why should I file a wrongful death claim?

Filing a wrongful death claim can help the deceased’s family financially and emotionally. When a person dies due to wrongful death, they may have left behind various types of bills that their families and loved ones now have to deal with. Not only are the deceased’s family struggling to cope with the death, but now they might also struggle financially to pay off any monetary issues left behind. Filing a wrongful death suit can help the surviving family with costs, such as: hospital bills prior to the death of the loved one, funeral and burial cost, and the loss of the deceased person’s expected income.

 

How do I handle a wrongful death claim?

The first step to take involves contacting the right personal injury attorney for you. Dealing with a death is already hard, seeking justice for that death does not have to be done alone. Personal injury attorneys help family members dealing with wrongful death get the proper resources and advice when it comes to filing the claim. Not only that, but they will fight on your behalf to make sure your loved one’s death does not go unnoticed.

 

If you’ve recently had a loved one die because of negligence or misconduct, don’t hesitate to contact an experienced personal injury attorney as soon as possible. Find out what your legal rights are in handling this difficult situation and seek justice for your loss.

AWD Law LLP is an expert legal team with specialties in Personal Injury and a wide array of other legal matters.
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