If you or a loved one believes someone is at fault for a loved one’s death, you may have several questions about wrongful death laws and how you can hold that individual or entity accountable. Everyone has questions, and questions of this magnitude deserve answers.
What Is a Wrongful Death Claim?
To begin, you need to understand what a wrongful death is, should you try to pursue a claim. A wrongful death lawsuit likely stems from an individual filing a suit against someone for the cause of another person’s death. Wrongful death could be caused by carelessness. This could be caused in a motor vehicle accident, medical malpractice, a design failure, or defective product. There are so many ways one could be a victim of a wrongful death. Laws vary from state to state, so it is important to speak with a law professional in your area to get a better understanding of your case, if you have one.
Who Can File a Claim?
You may be aware of someone that was a victim of a wrongful death. It is important to note that not just anyone can pursue a wrongful death lawsuit, though. Usually, it is the person that is responsible for the estate. This may be the deceased person’s child, spouse, or someone who was appointed through a will.
Calculating a Claim
Once a wrongful death claim is pursued, many wonder how much they will receive. The way damages are calculated in a wrongful death claim is based on different things. One of the most important is, how much would the dependent of the deceased person need? This means how much the deceased person contributed to the household plays a role. Any future expenses for the funeral or any previous expenses for medical treatment are calculated as well.
Wrongful Death Versus Murder
Wrongful death cases simply means someone died at the hands of another by accident. This is quite similar, but also very different from murder. Murder cases will be handled in criminal court, although they can also potentially be worth a wrongful death claim as well. Wrongful death claims typically give financial support to the people suffering. Murder, on the other hand, also holds the individual criminally responsible.
Speak with a Lawyer
Wrongful death cases and claims can be very confusing. This is why it is important to speak with an attorney that has experience in this area to get a better understanding of what you or your loved ones legal options are. Contact an attorney, like a wrongful death attorney from Andrew R. Lynch, P.C., to learn more today.