A wrongful death claim is a legal cause of action that can be brought about by surviving members of the deceased person's family such as a spouse, child or parent. The purpose behind such a claim is to seek compensation for losses that were incurred when the loved one passed away.
Filing requirements for wrongful death may vary from one state to another. There are however some general guiding principles that all claims must adhere to. Be aware that any number of circumstances can give rise to a case of this sort being filed. Motor vehicle accidents and work related accidents could lead to a claim. The same can be said for medical errors and criminal attacks. Every case is different.
The most difficult wrongful death cases to prove are medical errors because there is expert testimony and other requirements to deal with. The attorney who is hired by the family member of the deceased will have to put in extensive effort to prove his case in court and to be successful at it.
When it comes to motor vehicle accidents, wrongful death claim cases are most often aimed at the driver who was at fault for the incident. This kind of case has the potential to increase the compensation that can be received from the insurance providers involved.
If the lawsuit has to do with an incident that occurred as the result of a criminal attack, it may center on the owner of a property where the attack occurred. It may involve other elements that were at work at the time of the attack as well.
When a death that is work-related takes place, the wrongful death suit is most commonly aimed at the employer. An example of this would be if proper safety measures were not taken or equipment was old and not inspected. Falls or electrocutions are examples of common types of cases that are brought before the courts by family members.
Other claims may involve landlords for those who rented apartments or other homeowners for their negligent acts. If a death occurred in someone's home then the person responsible for the care of the property could be held responsible.
Some cases make it to trial but many of them are settled before they reach that point. The ones that do go through the court system may take a number of years to be resolved. This can be very stressful for the relatives involved in the fight for compensation and justice for a loved one. Claims of this nature are required to be filed within a specific time frame. This means that the sooner you contact a lawyer, the better it will be for you in the long-term and the more effective it will be for the claim you wish to file.
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