Wrongful Death Lawyer
Our wrongful death lawyer can empathize that death is an inevitable part of life, and although it often leaves loved ones reeling in pain and grief, it’s a fate we all must meet. However, when death is untimely and results from the negligent or malicious actions of another, the law provides recourse for grieving family members. In legal parlance, this is referred to as “wrongful death.” Our firm at Cashio Injury Attorneys, LLC delves into the different types of wrongful death cases, who is eligible to file for a wrongful death claim and the legal process that follows.
Types of Wrongful Death Cases
Numerous circumstances can lead to a wrongful death lawsuit. Here are some of the most common:
Medical Malpractice
When a medical practitioner’s negligence or unprofessional conduct causes a patient’s death, it becomes a case for wrongful death. This could involve surgical errors, misdiagnosis, or poor aftercare.
Motor Vehicle Accidents
If an individual’s reckless or negligent driving results in a fatal accident, surviving family members can bring a wrongful death suit.
Workplace Accidents
Companies are obligated to ensure safe working conditions for their employees. If a workplace accident resulting in death occurs due to the employer’s negligence, it can lead to a wrongful death claim.
Product Liability
If a faulty product causes death, the manufacturer, distributor, or retailer can be held liable.
Criminal Acts
Not all wrongful death suits arise from accidents or negligence. Deliberate harmful acts, such as assault leading to death, can also be grounds for a wrongful death lawsuit.
Who Can File for Wrongful Death?
Not just anyone can file a wrongful death lawsuit. Typically, the decedent’s “personal representative” or “executor” of their estate initiates the process. However, laws can vary from state to state. Generally, the following individuals may be eligible to file a wrongful death claim:
Spouse
The deceased person’s surviving spouse is usually eligible to file for wrongful death.
Children and Parents
Depending on the circumstances, the deceased person’s minor children or surviving parents may be entitled to compensation.
Financial Dependents
Anyone financially dependent on the deceased may also have the right to sue for wrongful death.
The Legal Process Moving Forward
Filing a wrongful death claim is a complex process requiring professional legal guidance. Here are the key steps involved:
Hiring a Lawyer
Engage a knowledgeable and experienced wrongful death lawyer. They will guide you through the intricate process and handle the legal paperwork.
Investigation
The lawyer will thoroughly investigate to gather all necessary evidence to substantiate the claim.
Filing the Lawsuit
After the investigation, the attorney will prepare and file a lawsuit on your behalf.
Discovery and Negotiation
Both sides exchange information in the discovery phase. Many wrongful death cases are resolved in this phase through negotiation or mediation.
Trial
If a settlement cannot be reached, the case proceeds to trial, where a jury or judge will make the final decision.
Experiencing the untimely death of a loved one due to another’s recklessness or negligence is undoubtedly devastating. Navigating the complex world of wrongful death lawsuits can add another layer of stress during an already difficult time. Although a lawsuit cannot bring back a lost loved one, it can provide some financial relief and a sense of justice for the survivors. Understanding the types of wrongful death cases, who can file, and the legal process can equip you with the necessary knowledge to navigate this challenging journey.