Wrongful Death Claim: The Basics
- November 25, 2019
- Joshua Estes
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There are numerous ways people lose their loved ones due to the negligence of someone else. In the US, more than 6 million people die every year in car accidents. On the other hand, more than 65,000 patients lose their lives due to medical accidents.
This untimely death can be devastating for the dependents and family members of the victim and can often leave them under a financial burden. Hence, the law gives them a way to get compensated by filing a wrongful compensation claim.
A wrongful death claim can be filed by a dependent or a loved one of a person who lost their life due to the wrongful actions of another individual. This lawsuit can be brought in numerous instances, including:
A victim dies in a car accident
When a person loses their life due to the negligence of someone else, their family members can pursue a wrongful death claim against the negligent party. However, in order for the claim to be successful, it’s important that there are monetary damages as a consequence of the victim’s death.
A victim dies due to medical malpractice
When doctors don’t fulfill their medical responsibilities and deviate from standards in their profession it might lead to the death of the patient. The negligence might be the result of errors in diagnosis, treatment, or health management.
These were only some of the many lawsuits that may be pursued as a wrongful death claim. Note that injuries sustained in the workplace do not qualify as wrongful death and dealt with under the realms of the worker’s compensation system.
How to pursue a wrongful death claim?
It’s important that dependents or family members discuss the case with a competent attorney as soon as possible so they can file a motion before the statute of limitations otherwise they might lose their right to pursue a claim for wrongful death.
The plaintiffs in the claim must prove beyond a reasonable doubt that a duty of care existed and the breach of this duty caused the death, leading to damages. This will help them establish that the defendant was, in fact, negligent.
Wrongful death compensation
In case of a successful wrongful death claim, the plaintiffs will be entitled to obtain damages that will include the medical costs incurred due to the injuries before their remise, burial and funeral expenses and loss of income or inheritance due to the death.
It may also include the loss of love and care that the victim would have provided. In addition to that, a spouse can file a claim for loss of consortium for loss of affection and companionship.
Hire an attorney for maximum compensation
While there’s no amount of compensation that can equate to a life of a person, getting financial compensation can make things a bit easier. Having a legal representation by your side exponentially improves the chances of success of your wrongful death claim.
An experienced lawyer understands the law and complexities involved in pursuing this type of claim, which enables them to study the facts of the case and design an effective strategy to help you obtain maximum damages for your loss.
If you’re based in Richmond, Texas, contact us today! At The Estes Law Firm, we have got a team of professional personal injury lawyer Richmond who can help you to seek compensation for your sufferings.
If you want to discuss your case, call us at (713) 533-8895 to schedule a free consultation.