What Is A Wrongful Death Claim?
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Wrongful death lawsuits are legal claims brought forth by the surviving family members or beneficiaries of an individual who has died due to the negligence or misconduct of another party. These lawsuits aim to hold the responsible party accountable for their actions, provide financial compensation to the victims’ families, and promote changes to prevent similar incidents in the future. Each Lakeland, FL wrongful death lawyer from our law firm understands that while no amount of money will ever make up for the death of your loved one, these legal actions are often the only type of justice families obtain.
Understanding Wrongful Death
A wrongful death occurs when a person dies as a result of someone else’s negligence, reckless behavior, or intentional actions. Common causes of wrongful death include:
- Car Accidents: Collisions caused by reckless driving, driving under the influence, or distracted driving.
- Medical Malpractice: Death resulting from medical negligence, such as surgical errors, misdiagnosis, or improper treatment.
- Workplace Accidents: Fatal incidents occurring due to unsafe working conditions, inadequate training, or equipment failure.
- Product Liability: Death caused by defective or dangerous products, including faulty machinery, medications, or vehicles.
- Criminal Acts: Homicides or violent crimes that lead to a victim’s death.
The Purpose Of A Wrongful Death Lawsuit
The primary objectives of filing a wrongful death lawsuit include:
- Seeking Justice: Families pursue these lawsuits to hold the responsible party accountable for their actions. This legal action acknowledges the loss and may help the family achieve a sense of closure.
- Financial Compensation: Wrongful death lawsuits aim to provide compensation for various losses incurred due to the death. This can include medical expenses for the costs associated with medical treatment before death, funeral and burial costs, compensation for the deceased’s income if they lived, and damages for the emotional support and companionship lost to surviving family members.
- Promoting Change: Wrongful death lawsuits can encourage changes in policies or practices that contribute to the death, potentially preventing future tragedies. For example, a lawsuit against a company for unsafe work conditions may lead to improved safety regulations.
Who Can File A Wrongful Death Lawsuit?
Typically, the following individuals may file a wrongful death lawsuit:
- Immediate Family Members: Spouses, children, and parents of the deceased are usually the primary parties eligible to file.
- Extended Family Members: In some jurisdictions, other relatives, such as siblings or grandparents, may have the right to file.
- Personal Representatives: If the deceased left behind no immediate family, a personal representative or executor of the estate may file on behalf of the estate.
Establishing A Wrongful Death Claim
To succeed in a wrongful death lawsuit, several key elements must be established:
- Negligence or Wrongful Act: The plaintiff must demonstrate that the defendant’s actions or negligence directly caused the death. This may involve proving that the defendant owed a duty of care, breached that duty, and that the breach resulted in the death.
- Evidence: Collecting evidence is crucial for building a solid case. This can include medical records, accident reports, witness statements, and expert testimony. Thorough documentation helps establish the link between the defendant’s actions and the wrongful death.
- Damages: The plaintiff must show the damages incurred due to the death, including medical expenses, funeral costs, lost wages, and emotional distress.
Call Our Office For Legal Assistance
Wrongful death lawsuits serve a critical role in seeking justice and compensation for families who have lost a loved one due to another party’s negligence or misconduct. These legal claims hold responsible parties accountable and provide much-needed financial support to the victims’ families. Call The Turnbull Firm to schedule a free consultation and learn what legal recourse your family may have.
