A loved one’s death is always going to be tough for those they have left behind, but this struggle is only ever made worse when you know that the death was the result of someone else’s reckless behaviour. Whether this person was a doctor, an employer, or a mere stranger, you are left wondering “what if?” Of course, you may also be left in times of financial difficulty; This is their fault, so why should you have to suffer more? Luckily, you don’t have to, because in these cases you can file a wrongful death lawsuit against the party. Here are some questions commonly asked about wrongful death lawsuits.
What Is Wrongful Death?
In short, wrongful death is death caused by the negligence or reckless behavior of someone else. This is death that could have been avoided, had the party behaved differently, such as an intoxicated driver hitting a pedestrian, or a medical professional administering the wrong type of medication. Unlike with murder, those at fault in wrongful death cases don’t receive jail time as a punishment. They instead have to pay large amounts of money to surviving family members to ease their financial burden. While courts are aware that this doesn’t make up for the loss of their loved one, it is a big help for those who relied on the departed financially and would struggle as a result of their death.
Can I File A Wrongful Death Suit?
If you have a spouse, child, or parent that has died due to someone else’s recklessness, then you will usually be able to make a claim. In some areas, other types of family members, like grandparents and step parents can also file a lawsuit. If you intend to file a wrongful death suit, your first port of call should be a law firm that handles wrongful death cases, like the one on this site. When you do this, you will have to prove that your loved one’s death was caused by someone else’s negligence, and wasn’t brought about by their own fault, and that the surviving family members have suffered in some way because of their loved one’s death.
What Am I Entitled To?
It is the court that decides how much money family members are entitled to, and every case is different. This figure is usually decided by taking into account the loss of wages to the family members who relied on the departed financially, as well as the loss of emotional support, comfort, and guidance that they would have provided their family, especially their children. Where there are multiple heirs, it is encouraged that the amount is divided up between themselves, but, if an arrangement can’t be made, the court will arrange a meeting to divide up the entitlement between everyone.
If you believe that your loved one’s death was the result of somebody else’s recklessness and could have been avoided, then you are well within your right to take them to court. Hopefully, this has provided you with some answers so that you know where you stand and how to make your next move.