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How a Wrongful Death Lawsuit Works 

Wrongful Death LawyerWrongful Death Lawyer

A wrongful death claim is when a defendant who causes someone’s death, either through negligence or as a result of intentional action, is held accountable for their actions. A wrongful death claim allows those close to the deceased person to file a lawsuit against the party who is legally liable for the death. Each state’s wrongful death lawsuit very. These kinds of lawsuits are usually filed by a representative of the deceased person’s estate on behalf of the surviving family members affected by the death.

When is a Wrongful Death Claim Applicable? 

Wrongful death claims can arise after situations in which the victim who would otherwise have a valid personal injury claim is killed because of someone’s negligence or intentional action. Some of the most common occurrences are as follows:

  • When the victim is intentionally killed
  • When the victim dies as a result of medical malpractice
  • When a car accident also fatality involving negligence

These are just a few examples of a personal injury case that would turn into a wrongful death claim because the victim has passed. When it comes to a wrongful death, the claim can stem from almost any kind of personal injury situation, but one notable exception makes this for work injuries because they are typically handled by the worker’s compensation system.

What Must Be Proven? 

In order for someone to be held liable in a wrongful claim, the plaintiff must meet the same burden of proof that the victim would have had to meet had the victim lived. An example of this would be medical malpractice in which the defendant breached their duty to care for the patient and that breach because the patient to never recover and eventually pass. This and be a difficult thing to prove and that is why working with a wrongful death lawyer is often in your best interest.

A lawyer can help you piece together your case and gather all the information that is needed to make sure you have the most favorable outcome. This means they can put together a list of the damages and what the defendant would be liable for. 

Wrongful Death Damages 

Some of the damages and the wrongful death claim could include the following: 

  • The medical treatment costs that the deceased victim incurred as a result of the injury prior to death
  • Funeral and burial costs or cremation costs
  • Loss of the deceased person’s expected income
  • Loss of any inheritance as the result of the death
  • Loss of care, guidance, and nurturing the deceased would have provided

As you can see, the damages can start to pile up in a lawyer can help you through finding the claim to get what you need.

A wrongful death is a hard thing to go through and hiring a wrongful death lawyer like our friends at Saavedra Law Firm, PLC, is a great starting point to get the compensation you deserve.



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