There is no pain greater than losing a loved one due to the negligence of other people. But then, you are eligible to be recompensed. The first query is who can file the lawsuit. What situations bring about this case and how to seek compensation for the loss are other queries that you can discern. The answers to these can be provided by an experienced wrongful death lawyer.
Death comes like a thief in the night – this is an old saying known to every person. How painful it is when a loved one is declared dead. And the pain escalates tenfold when the death is caused by the negligence or another person. When injury is inflicted on a person whether the action is intentional or not, the offender is guilty of wrongful death. The pain can again multiply when the culprit is not penalized. In many cases, the victim will only be able to get lawfully compensated if he has a lawyer to prosecute the offender.
Who can file the lawsuit?
For any case of wrongful death, the people entitled to file the lawsuit must be defined. Who are they? The first person entitled to file a lawsuit is the spouse and children. Then, if the victim is single, his parents are entitled to the privilege. In the absence of these legal complainants, and depending on the state, a member of the extended family can be entitled to file a case. These are cousins, aunts, uncles, nieces, nephews, partners and wards. Even grandchildren or grandparents can do the filing of case.
What situations bring about this case?
When a loved one died due to the fault of another person, the family of the victim can institute a case against the offender. It is not only the people who caused the death but also the situation that led to the crime needs to be evaluated. The most common case of wrongful death is accident. Any reckless driver or a drunk driver can be guilty of the crime when the vehicle he is driving hits a victim. Either the injured dies instantly or brought to the hospital then died is relevant to a case like this.
A case of medical malpractice, though described differently is likewise a case of wrongful death when the patient died due to negligence of health personnel. Products that harmed civilians that resulted to death are also classified to belong to this crime category.
How to seek compensation for the loss
The first thing to do in your attempt to file a lawsuit is to determine who is liable for the crime. Then you will have to prove that the death was due to the negligence of this liable person. It would be important to establish the damages and the injury inflicted. Then the total expenses such as medical, hospital and burial bills are to be tallied; this will form part of the claim. In addition to these receipted expenses, the loss of income, loss of insurance benefits and lost inheritance can also be computed with the total claims.
Another benefit that you can be entitled to is punitive damages. This is actually a punishment to the offender which may not be related in any way to you and other surviving heirs. The punitive benefits can be claimed together with the other benefits. However, the right amount of claims can only be made possible if you have good personal injury lawyer who can file your lawsuit and claims.
Death of a loved one due to the negligence of another person is compensable. The amount of benefit to be charged to the offender can be assessed by a good personal injury lawyer. With this attorney you can have a case of wrongful death that is to be legally and rightfully compensated.