Many people do not know this, but the family of someone that died because of someone else’s negligence can file a wrongful death suit on behalf of their lost loved one. A wrongful death suit is a grave matter that deserves the legal expertise of a personal injury lawyer that has experience in handling these kinds of lawsuits. One type of personal injury attorney that litigates these kinds of cases is called a wrongful death attorney. A spouse or close family member of someone that has been killed in some kind of an accident will want talk to a wrongful death attorney to find out what their rights are. Below are some of the main reasons why the family of the deceased should contact a wrongful death attorney.
A wrongful death suit can be filed when someone acted negligently and caused and accident that killed a loved one. The negligence can be as simply as the other driver talking on their cell phone when the accident occurred.
Intentional acts are when someone deliberately sets out to cause bodily harm. In the case of the death of the intended victim, a wrongful death suit is in order. The deliberate act can be perpetrated by a criminal during crimes like a rape or robbery, or even as the result of spousal abuse, etc.
When manufactures create products to sell on the market, they incur the liability of ensuring their products are safe. A lot of wrongful death suits are filed because of product defects. Products that explode, cut, electrocute, poison or cause some other kind of bodily harm, leading in death are cause for a wrongful death suit. Some of these cases involve medical mal practice suits if the product was a medical device or medication.
Medical procedures also trigger wrongful death suits. One common example involves infant deaths. When doctors are negligent in their use of forceps during delivery, for example, that can gender a wrongful death suit on behalf of the diseased infant. Medical device manufactures can also be sued for wrongful deaths when their medical device causes a reaction that leads to death. There are a number of these cases on in the legal books that document such cases.
Filing a Wrongful Death Suit
Each state has different laws on who can legally file wrongful death suits. However, the general rule is that the spouse and children can file on behalf of their lost loved one. If there is no spouse or children, the parents and siblings may be able to file a wrongful death suit. It is important to talk to a wrongful death attorney that specializes in handling cases that are specifically deal with your circumstances if you are unsure if you are eligible in your state to file a wrongful death suit.
These kinds of cases can receive monetary damages based on what the court decides. Certain factors are taken into consideration. For example, the age, health, earning capacity and medical and funeral expenses are all taken into consideration by the judge, before a monetary damage amount it determined.