Losing a beloved friend or relative is always hard. When this happens due to avoidable circumstances, this loss can be even harder to accept. In this country, family members who have lost a loved one due to another individual’s or company’s actions can file a civil suit against the responsible parties. This is known as a wrongful death suit. It is a civil action, rather than a criminal case, and is often the only recourse available if a company, rather than an individual person, is liable for a death.
The central element of any wrongful death lawsuit is proving responsibility and proving the individual or individuals filing the claim have been, or will be, harmed due to the deceased’s untimely death. Typical monetary compensation includes damages paid for medical bills, funeral expenses, and any loss of future benefits or income.
There are, however, four different elements that must be proven in order to win a case. First, that the victim’s death was at least partially caused by the party being sued. Second, that the individual or individuals in question were behaving negligently or were otherwise legally responsible for the victim’s death. Third, that the victim has left behind living beneficiaries, such as a spouse or one or more dependents. Finally, the victim’s death must cause provable monetary losses, typically in the form of lost wages or lost benefits, to their living dependents.
Common causes include distracted driving that causes fatal collisions, death due to prescription drug side-effects, negligence or insufficient supervision in nursing homes and other formal care facilities, and death due to faulty products sold to consumers. When it is not a company but an individual the one responsible for these acts, a criminal suit may also be filed. Regardless of the existence or the outcome of a criminal lawsuit, survivors must follow specific procedures when bringing a civil suit against a responsible party.
Hiring a lawyer is the first step toward receiving due compensation. This step should be taken as soon as possible after the victim’s death, as there are statutes of limitation in place in most states. Visit Dsternlieblaw.com for more information or to schedule a consultation.
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