Category Archives: wrongful death

What You Should Know About Accidental Death Law

If a person dies in an accident caused by someone else’s negligence, deliberate behavior or just recklessness, the surviving family member of the victim can claim damages by filing a lawsuit. Since their loved one’s death is untimely, this accounts for a wrongful or accidental death. Through a civil court action the family members can determine the amount of damages they should collect. The process is not simple and therefore to understand more, visit this website for more information about accidental death law.

What The Law Requires For Filing An Accidental Death Lawsuit?

The law requires that one proves that the accident indeed occurred through negligence and solely not because of the victim’s fault. Most importantly, the family members have to show that they are directly impacted financially and emotionally too by the death of their loved one. They must establish that they have suffered measurable damages that merit compensation. Accidental deaths usually occur through medical malpractice, unlawful acts such as crime, work-related accidents and automobile accidents. Click here for more info on this subject.

Who Can File Such A Lawsuit?

The law dictates who can file a wrongful death lawsuit. The surviving spouse, children or close relatives of the deceased can claim damages caused by the death of their loved one. Since they are suing on behalf of the dead victim, they will first have to open a probate estate. If the lawsuit is being filed by a minor then the law requires that a guardian be appointed to look out for his best interest. To understand this better, read more online or visit this website for more information.

Damages Collected In An Accidental Death Lawsuit

Once the surviving relatives have established that indeed death occurred to due negligence, they can claim different damages for medical and burial expenses, as compensation for pain and suffering and lost wages too. Compensation can also include punitive damages intended to punish the perpetrator and discourage similar behavior in future.

Remember that there is a limitation on filing a lawsuit following an accidental death. As you read more online, you will realize that you may even be barred from doing so in the future if you fail to abide by certain regulations. Visit this website and get more valuable information you require on accidental death law.