How To File A Claim For Wrongful Death?
No compensation can make up for the grief of losing a loved one. Dealing with the final expenses of the descendent while recovering from the pain and suffering of losing him can be extra strenuous. It might not be your priority to file a lawsuit in such conditions. It is recommended for the survivors of the decedent to retain a wrongful death attorney as soon as possible.
Thankfully, every state has a provision for the beneficiaries of the decedent. The state accredits a death caused by a person intentionally or unintentionally as wrongful death. The beneficiary or a dependent can take legal action by filing a lawsuit for wrongful death. An experienced lawyer can help you get compensated through legal proceedings.
Table of Contents
What Are The Essential Steps That One Must Take Before Filing A Lawsuit?
It can be extra strenuous to file a lawsuit in moments of grief. But, you can’t let the person responsible for the wrongful death get away with it either.
Instantly filing a lawsuit wouldn’t be a smart move. You should start by investigating the incident and finding the party responsible for the wrongful death. Once you have done that, you must notify the negligent party of the legal actions that you are planning to take against them.
In many cases, the negligent party will want to attempt to settle the matter out of court. It is a good option as it eliminates the risk of losing the case.
If the negotiations are not successful then only you should proceed to file a lawsuit. An experienced wrongful death attorney can help you with this process.
Who Can File A Wrongful Death Lawsuit?
According to California law, each heir, as identified by the California code of civil procedure (CCP), section 377.60, can file a wrongful death lawsuit to recover the monetary damages that occurred due to the death of the victim (decedent).
If the decedent did not have a will, the following people are entitled to bring a wrongful death lawsuit according to CCP, section 377.60.
- Surviving spouse
- Children of the decedent
- Children of predeceased children
- Domestic partner
If there are no surviving children of the deceased, the surviving spouse or the domestic partner is entitled to inherit the property.
Sometimes disputes arise among family members over the question of who should file a lawsuit? The court will only allow one lawsuit to be filed. If two or more lawsuits are filed, the court is most likely to consolidate all those claims into a single lawsuit.
Common Types Of Wrongful Death Cases:
According to the U.S. Department of transportation, there were 37,261 car accidents and highway wrongful deaths nationwide in 2008.
Another cause of wrongful death is wrong drug prescription and medical malpractices. According to the U.S. Department of Justice, 90% of the lawsuits filed against medical malpractices caused a wrongful death or a permanent disability. The CDC reported a 68%increase in fatalities caused by a wrong prescription of drugs over the past five years. The most common types of wrongful death include.
Vehicular accidents:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accident
Medical malpractices
- Product liability
- A wrong prescription of drugs
Who Can Be Held Responsible For Wrongful Death?
Any person whose carelessness, neglect, wrongful act, or unskillfulness caused a fatal injury or harm that led to the death can be held responsible for wrongful death. A defendant is accredited negligent if he failed to follow the recommended set of instructions that interns caused the fatality.
In addition, the entity or the agent of the person whose negligence caused the death can also be held responsible for wrongful death. Some examples include:
- An intoxicated driver
- A driver Overspeeding the vehicles
- A Rideshare company that failed to hire an experienced driver
- Manufacturer of the automobile with damaged parts
- The doctor prescribes an expired or wrong drug.
- A medical staff member left an elderly resident unattended.
What compensation are available in a wrongful death case?
Compensations in a wrongful death fall into two broad categories, which are defined by two distinct periods.
The first category permits the recovery of damages experienced by the victim from the time of the accident, until the time of the decedent’s death. Death could happen hours, days, or even weeks after the accident.
The recoverable compensation in this category might include medical expenses, the decedent person’s mental and physical pain, and suffering, loss of wages, and funeral and burial expenses.
The second broad category covers those losses as experienced by the family members or dependents of the deceased. This category is meant to compensate the dependents of the deceased for their financial losses.
The law of the various states indicates that these compensations are in exchange for the money that the deceased would have earned were it not for the untimely death. It includes the loss of wages that a deceased would have earned until his anticipated retirement.
How Can A Lawyer Help You?
The outcome of a “wrongful death lawsuit” depends on the ability of the injured party to prove the negligence of the defendant. Each case is different, as they occur in certain circumstances. However, the injured party needs to find pieces of evidence to support the lawsuit. They must hire an experienced wrongful death attorney to help them with the case.
Collecting evidence is a complicated process. In some cases, evidence can be obtained by police. An experienced attorney can link a police report to the negligence of the defendant. In some cases, eyewitness testimonies can also be helpful. An experienced wrongful death attorney can also help you negotiate with the negligent party. In case the negotiations are not possible, he can take care of the legal proceedings as well.
Hire an experienced wrongful attorney so that you can take time off to heal while he takes care of the case for you. Grey law is one of the most renowned firms when it comes to personal injury claims. With a 96% success rate and 35 years of experience, they have the required expertise and experience to handle such cases.
