Good Fences And Not So Good Neighbors: Property Law 101

An Overview On Filing A Wrongful Death Lawsuit

12 November 2014 by Hunter Moore

If someone in your family has died at the hands of someone else, you will want to explore your options for filing a wrongful death lawsuit. There could be a number of different reasons why your loved one passed away, but if the death was due to someone else's negligence, you should seriously consider hiring a lawyer and considering your options. Here are some reasons why you may decide to file a wrongful death lawsuit.

Medical Staff Was Negligent

Perhaps your loved one died because of a mistake a doctor, nurse or medical facility made. While these cases are not too common, it is still highly possible for your loved one to have died while in their loved one's care. Medical malpractice suits are difficult to prove, and there are a lot of legalities surrounding the proof that you need to be successful, time limitations for filing suits, and the like. However, an experienced wrongful death attorney will be able to advise you regarding the specifics surrounding your loved one's death.

Automobile Accident

If your loved one died from injuries that came from an automobile accident, you can sue the negligent driver by way of a wrongful death lawsuit. Your lawyer will need to gather all of the necessary evidence regarding the injuries and prove that those injuries were the result of the car accident. Your attorney will work with the insurance company of the other vehicle as many times as possible to settle these cases without ever having to go to trial.

Product Liability

If your loved one passed away due to a faulty product, your attorney will consider a product liability lawsuit when filing for wrongful death. There could be many instances regarding a product liability case, including a piece of machinery that did not work properly, or food that was tainted. Your attorney will take a look at the circumstances regarding how the product failed and look to sue the manufacturer of the product, as well as the establishment that sold the product. 

What Damages You Can Recover

If you are successful in a wrongful death lawsuit, you can recover a number of certain damages, including, but not limited to, the following:

• Lost wages from the deceased. If the deceased was your spouse, you can recover damages for the fact that you won't be able to depend on the deceased's income anymore.
• Loss of companionship.
• Funeral and burial costs.
• Any medical costs you incurred for treatment of the deceased.

Talk with an attorney who specializes in wrongful death lawsuits to learn more about your particular situation. For more information, contact a law firm such as Seaman Law Firm.

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