Have you ever been curious about what lawmakers mean when they say “wrongful death”? Well, this is basically a scenario wherein a person dies because of someone else’s misconduct or negligence. The survivors of this incident are then able to sue for wrongful death. The aim of this lawsuit is to seek compensation for losses, including loss of companionship, medical and funeral costs, as well as lost wages, on the survivor’s part.
The O’Neal Law Firm is a law firm in Chicago, Illinois that is all about educating our clients and the public about legal scenarios and how to navigate them in the best possible way. For this article, we will be covering all the basics for the wrongful death lawsuit.
- Who can sue?
If anyone in your family died from wrongful death, then you, as an immediate family member, are able to sue. Of course, this will also depend on your state or country’s wrongful death regulation.
- Proving wrongful death
The following must usually be shown before one can put forth a wrongful death claim: the death of a person; death caused by negligence, misconduct, or the intent to bring harm; death that resulted in monetary suffering of surviving family members; naming of personal representative for the decedent’s estate.
- Wrongful death damages
To measure the damages caused by wrongful death, injury, financial, and pecuniary are the main bases. Pecuniary or financial injuries include the loss of support, prospect inheritance, services, and medical and funeral costs. According to most laws, the damages awarded for wrongful death should be equitable compensation for the fiscal injuries resulting from a person’s death. The family members who ended up paying for the medical and funeral care may also recover those expenses.
- Hiring a Wrongful Death Lawyer
It is very rare that wrongful death lawsuits end up being tried before a jury. Litigation expenses can skyrocket to insane amounts and lawyers would prefer to avoid costly trials if they can. What often happens is that a settlement deal is worked out and attorneys can negotiate for better plea bargains.
If you have lost a loved one because of another individual’s misconduct or negligence, don’t hesitate to use legal solutions in your efforts to seek justice. Remember that as an immediate family member to the decedent, you are very much entitled to bring legal action against those who were responsible.
The O’Neal Law Firm is here to provide you with a dedicated and experienced personal injury lawyer to go over your legal rights and potential case while putting into consideration the lawsuit filing deadlines that apply.
Care to share other important information about wrongful death lawsuits? Please feel free to write them in the comments section.