Wrongful Death Cases and Filing for Compensation

Death CasesCoping with sudden loss of a family member isn’t easy. Such situation is particularly more difficult to handle if the death was caused by someone’s action or negligence. If you end up in a situation where a loved one perished due to the wrongdoing of another person, you may seek legal help.

A lawyer specializing in wrongful death can help you file a lawsuit against the person or company at fault. As family of the victim, you have the right to receive financial compensation. Here are the things you should know about wrongful death cases and filing claims.

Defining wrongful death

Wrongful death is a death that happens as a result of a legal fault. It may stem from a negligence or misconduct of another person or party. The deceased person’s dependents or beneficiaries may have the right to receive monetary damages from the offender. The amount of damage will be decided upon by the court, according to firms specializing in wrongful death in Spanish Fork.

Common examples of wrongful death include cases of medical malpractice, which Mtnebolaw.com also lists as a personal injury. This may arise from negligence or error of a medical practitioner or a hospital worker. Surgical mistakes and administration of wrong anesthetic medications that lead to a patient’s death are common examples.

Cases of fatal car accidents that resulted from defective vehicle parts are also categorized as a wrongful death. The party at fault in such cases is the car manufacturer.

Filing for claims

Wrongful death claims should be made by a representative of the “real party in interest.” This pertains to those who suffer damage due to the death of the person. In most state laws, the “real parties in interest” include but are not limited to immediate family members, life partners, putative spouses, and financial dependents.

The amount of compensation you’re entitled to depends on several factors such as the deceased person’s savings, earnings, as well as your level of financial dependence on the person.

Of course, no amount can ever replace a dear one. Be reminded, however, that your loved one only wants the best for you. A successful wrongful death claim can help you have the necessary financial security that your deceased loved one wants you to have.