Death by a fatal accident is devastating for the family left behind. Apart from losing a loved one, they also have the financial burden to think about, especially those that they have incurred due to the accidental loss.
There is a wrongful death lawsuit to keep them covered and help them in terms of monetary support from the people, company, or entities that might have caused the death due to their negligence or misconduct. At least, the family of the deceased will be able to move forward, albeit slowly, with the help of the compensation they could obtain from filing the case, with the skillful assistance of a wrongful death lawyer in Long Beach, of course.
All About the Wrongful Death Lawsuit
The wrongful death lawsuit is a civil case filed to seek financial support for the immediate family members of the deceased. The term “wrongful death” pertains to the death of an individual that is caused by negligence, misconduct, or an intent to seriously hurt or injure another person.
The case may be filed by a personal representative of an immediate family member of the deceased or any person who suffered financially as a result of the fatal accident. The common incidents that may involve a wrongful death claim include automobile accidents, medical malpractice, product defect, birth injury, blatant violence, unlawful act, or a work-related accident. To have a case, the personal representative must:
- Confirm that the death is caused by another party’s recklessness, misconduct, or a deliberate act.
- Prove that the surviving family has suffered financially and has incurred losses such as lost companionship, lost wages from the deceased, and lost prospect of inheritance.
Those who can file for a wrongful death claim include the surviving spouse, domestic partner, or children of the deceased. In some states, distant family members who suffered financially may also file for the case. Such is the case of a grandparent who has a kid under care. They only need to prove their financial dependence on the deceased.
There are different guidelines for wrongful death statutes in different states. Before you file a lawsuit, check with the existing laws. Together with your wrongful death lawyer, you will be able to think up an effective action plan that will give you the damage awards.
Working with a legal professional is crucial because some states have statutes of limitation, which dictate the period within which you must file for the claim. If you wait beyond the statute, you might lose the opportunity for the damage awards altogether. The wrongful death lawsuit may be filed after the criminal case, also based on the same set of evidence.
If you believe that your loved one’s death is caused by negligence, misconduct, or a deliberate act, you may pursue a wrongful death claim in civil courts. This will help provide compensation for your emotional and financial damages. Understanding your rights and the procedure are key elements that will ensure you get the most out of it.