About Wrongful Death
Though it is a fact of life that accidents happen, still many people are unprepared when those accidents unexpectedly claim the lives of loved ones. Too often, the negligence or misconduct on the part of another person is to blame for this tragic loss of life. Moreover, in the wake of their loss, many families must face significant, unforeseen financial hardships. However, the law provides families affected by the wrongful death of a loved one to obtain representation by qualified attorneys who can fight on their behalf to obtain justice and restitution from those determined to be liable.
A type of personal injury claim, a wrongful death lawsuit is not intended to establish criminal responsibility. Instead, a wrongful death claim is tried in a civil court and is meant to determine the amount of compensation, if any, to which the victim's family may be entitled. The laws governing personal injury, in general, and wrongful death, in particular, are complex. A lawyer can review the details of your claim and determine if you have a case.
Filing a Wrongful Death Lawsuit
Most state laws state that only the executor of the wrongful death victim's estate can file a wrongful death lawsuit. This is typically filed on behalf of a member of the deceased's family, typically a spouse, parent or offspring. Frequently the executor of the estate is a family member, though at times it is a third party. This person is always denoted in the victim's will, and is in charge of all financial business, including paying any debts and distributing assets. It is typically the members of the deceased's immediate family who receive any financial retribution from a wrongful death lawsuit, and only if it is demonstrated the victim's death has impacted their emotional and/or financial wellbeing.
Some Causes of Wrongful Death
As a form of personal injury, virtually any type of accident can lead to the wrongful death of the victim. However, one of the most common causes of wrongful death is the all-too-frequent motor vehicle accident (particularly involving DWI). An experienced auto accident attorney can help to substantiate whether a particular car or SUV accident was a cause of wrongful death, and he or she can provide the expert representation victims and their families need to obtain justice. No matter if the injury in question was caused by a defective product, a slip and fall, medical malpractice, construction accident, or another type of tragic occurrence, you should consult with an experienced wrongful death lawyer. Representation by one or more knowledgeable attorneys can ensure that your rights are preserved and provide you with the best chance for obtaining the compensation you need.
Types of Compensation Awarded in Wrongful Death Claims
In a wrongful death claim, any compensation awarded is paid to the victim's estate and distributed among the immediate family, as appropriate, by the executor. Wrongful death compensation may include recovery medical and hospital expenses, funeral costs, as well as payment for lost wages. Additionally, a personal injury lawyer may be able to obtain on behalf of family members compensation for general, non-monetary losses, including:
- Loss of companionship
- Loss of financial support
- Loss of parental support
- Mental and emotional distress
Depending on the laws of the state in which the wrongful death claim is filed, a family may also be able to seek the payment of punitive damages in addition to the other forms of compensation available. Punitive damages are ordered as punishment when the victim's death came as a result of purposeful or malicious actions on the part person or persons found to be liable.
Wrongful Death Attorneys
Regardless of whether a loved one's death is caused by a DWI-related auto or motor vehicle accident or some other form of personal injury, a victim's family should consult a wrongful death lawyer immediately, especially if another person's negligence is determined to be the overt cause of the accident. Wrongful death attorneys understand the complexities of the law and can fight for justice on behalf of victims and their families.