Wrongful Death Cases ExplainedWritten by Mart Gil Abareta
Do you know instances where someone you know was hit by a reckless driver, was struck and killed by a careless motorist, was shot dead because of mistaken identity, was killed due to medical malpractice, etc.? These cases are all examples of wrongful death cases. Generally, such cases are caused by another person’s negligence, carelessness, malpractice or inaction. Even though, death is unintentional, it is still responsibility of defendant to provide just compensation for survivors or victims of wrongful death cases.
Prior to a wrongful death incident, you can file wrongful death lawsuits being a relative of wrongful death victims. Winning these civil lawsuits can recover payment for damages to victims’ lives. These possible compensations may cover medical and funeral costs, lost wages, including future earnings, lost benefits, lost inheritance, pain and suffering, mental anguish, loss of support or companionship, general damages, and punitive damages. However, last compensation may not be awarded without additional evidence of malicious intent. Therefore, if you have lost a loved one because of wrongful death, you may be eligible for said damages. You must speak with a personal injury attorney for details regarding reliability of your case now.
What qualifies as wrongful death litigation?Written by Granny's Mettle
In many cases, victims are usually unable to file a lawsuit themselves, especially when that person is already deceased or suffered huge injuries. In a wrongful death case, personal representatives of estate of a deceased person are allowed to file a lawsuit against those responsible for victim's death. Liability may often arise for both negligent and intentional acts of person responsible.
Damages that may be recovered in wrongful death cases typically include medical, hospital, funeral and burial expenses. Compensation for victim's pain and suffering are also covered, during any period when victim was conscious from time of injury and death.
Losses incurred by spouse, children, or next of kin of deceased may also be recovered. These include loss of financial support, loss of service, loss of gifts or other valuable gratuities, loss of parental supervision and guidance, and loss of society and companionship.
Distribution of damages from lawsuits on wrongful deaths may be done among heirs of deceased. However, because allocation of damages is governed by statute, it is oftentimes subjected to court oversight. Courts are covered by laws of interstate succession with regards to distribution of damages. Nevertheless, they are ordinarily free to approve and award damages to certain family members who may not be legal heirs of deceased.
Hence, many cases often have family members fighting with each other on who shall have more control over representative of estate of deceased. The family member who gets more control may decide on who attorney is and will have greater influence over distribution of any award of damages.