In hindsight, a wrongful death lawsuit is a claim that alleges a person of being responsible for someone’s death. It is normally filed by the family or close relatives that were left in bereavement after the victim’s death. The personal injury lawyers at Pohl & Berk, LLP said that while there is not enough replacement for the loss of a loved one, a sense of closure may be sought after through the filing of a lawsuit.
However, there are certain situations one should consider before filing a wrongful death lawsuit, according to All Law. Most definitely, the intentional killing of a person may be filed without meriting questions or doubts. Medical malpractice, or a medical professional’s failure to provide the required care, is also a qualified wrongful death case. Deaths from car accidents may also be filed as wrongful death, but only if the claimant believes that the other party has been negligent, which led to the accident.
In order to fully understand what a wrongful death lawsuit entails, the elements of it must be enumerated. First and foremost, there should be the death of the person, which leads to the question whether the death was a result of someone else’s negligence, according to Find Law. If it is, then the remaining family members or any assigned person, who are now suffering several damages after the victim’s death, may now bring up the civil lawsuit. Lastly, there should be a legal representative for the family.
After a lawsuit is brought to the court, the kind of damages is then determined – whether it is pecuniary/financial or punitive or both. Pecuniary damage refers to the medical and funeral expenses to cover the victim’s death and any loss that is monetarily quantified. Punitive damage, on the other hand, is focused on the punishment that should be given to the defendant.
Going through a wrongful death lawsuit might be mentally, physically, and emotionally exhausting.Read More