What Qualifies as Wrongful Death?
The loss of a loved one can be an incredible difficult thing to handle. You may be overwhelmed with the process of handling life without them and there may be a number of things to take care of in their absence. However, if someone else is responsible for their death, can you seek legal action against them? Can you get compensation to help you in the aftermath of your tragedy? The experts at Payer Law, a wrongful death attorney, can assist you in determining what can be done after the wrongful death of a loved one and provide you the guidance you need to proceed with a legal case against the responsible party.
Wrongful death definition
Wrongful death claims can be used in court when the estate of a deceased person files for a lawsuit against the person responsible for the death. They can be liable for the death either through negligence or through intentional harm toward the deceased person. A wrongful death claim can be applicable when a person is intentionally killed—as in, when a person is murdered—or when a person suffers from medical malpractice or when a person is involved in a car accident where negligence took place. In each of these instances, there is often clear blame for someone responsible in causing the deceased person’s death and it is this that brings forward the lawsuit.
For a wrongful death claim to be a proven claim, the holder of the deceased person’s estate must bear the same burden of proof that the deceased person would were they alive. This means that they must provide clear evidence that the defendant’s actions led to the deceased person’s death.
How can a wrongful death attorney help you?
A wrongful death attorney can lead you through the case toward receiving compensation for the death of your loved one. Some of the claims that they can help file are the costs of the funeral and burial, the loss of the deceased person’s income, the medical costs that the deceased person may have had prior to death, as well as emotional claims such as loss of love and companionship, loss of care and guidance, and the deceased person’s pre-death suffering.
One example of a claim that a wrongful death attorney can help you file is if your loved one died as a result of an avoidable medical complication. You can file a wrongful death suit against the doctor responsible and receive compensation for the medical costs that the deceased person’s hospital stay may have incurred, as well as that person’s suffering as a result of the complication. With the help of an attorney, you can receive the compensation you need to try to recover from your tragedy.
When your loved one passes away as a result of negligence or intentional harm, does it count as wrongful death? What can you do in the aftermath? Contact Payer Law for assistance in determining how to proceed with your case and get the compensation you need to recover.