The Legal Process for Wrongful Death Claims
Any time a loved one is lost is devastating to the family and when the person dies because of wrongful death, it is often financially devastating as well. This is a death caused by the negligent actions or inaction of another party. This was an avoidable death.
Facing a Wrongful Death
Wrongful death is an emotionally devastating situation for the family and one the negligent party should be held responsible. This is done by bringing a wrongful death suit in civil court and if the actions were criminal in nature that will be a separate case in criminal court. Civil court will be to hold the negligent party financially responsible. The family does not want to go through this type of claim but in many cases, the victim provided for the family and it is a necessity. In addition, the ability to hold this party accountable for their negligent actions that resulted in a death. This type of case is won with the assistance of a wrongful death attorney las vegas nv who has experience in this area of the law. In some cases, the other party is a person whose actions caused the death whether there was intent or no intent. Then in other wrongful death cases, the negligent party may be a manufacturer or other entity.
The Wrongful Death Legal Process
In wrongful death cases, the proper documents shall be filed within the statute of limitations. This is a period in which the claim must be filed for it to be valid. The elements that are required for this lawsuit include:
• There was a death of a person caused by another’s negligence with or without intent to cause harm.
• The surviving family members are eligible to sue; spouse, children, stepchildren, parents, or siblings.
• The surviving family members suffered monetary loss due to the wrongful death.
The award of compensation in a wrongful death can include personal injury, conscious pain, and suffering, medical expenses incurred prior to the person’s death directly related to the accident. Funeral expenses and other damages to include future loss of wages by the decedent are possible to recover. The awarded damages will belong to the estate and go to the parties named in the decedent’s will.
Reasons for Wrongful Death Claims
There is a number of reasons why a wrongful death claim is brought by the estate or family members after a person’s death caused by negligence. The causes of this death may include traffic accident deaths, such as a car, motorcycle or truck collisions. The person may have died in a medical malpractice incident, plane crash, or sporting incident. Another reason for this death could include a workplace event such as an accident, exposure to toxic substances or hazardous conditions. One other type of wrongful death is due to criminal behavior. Any of these reasons for the demise of a human being is related to negligent actions and the family has the legal right to hold the party accountable for their actions.
Category: Accident & Personal Injury Attorneys