A wrongful death takes place when an individual is killed as a result of the negligence pf another individual. A lawsuit for wrongful death may only be brought by the personal representative of the deceased’s estate. However, the damages that may be awarded to the estate may be passed to various parties, depending on how the deceased’s will is set up.
For a wrongful death to have occurred, the following four elements must be present:
· The death of another human being
· A death caused by another person’s negligence
· monetary injury suffered by the family of the deceased
· The appointment of a personal representative for the decedent’s estate
A wrongful death claim may arise out of a number of circumstances:
· Medical malpractice
· transportation accidents
· Occupational death
Some of the types of cases related to wrongful death that attorneys handle include:
· Auto accidents
· Truck accidents
· Motorcycle accidents
· Work-related deaths
· Deaths that result from defective products
· Deaths that result from dangerous drugs
· Medical malpractice
· Drunk drivers
Financial loss is the fundamental source of damages in a wrongful death action. Financial damages may include loss of support, inheritance, services, and medical and funeral expenses. Many laws are structured so that the compensation for wrongful death is fair and just.
Dealing with a loved ones death can create a large amount of emotional turmoil. If your loved one has died as the result of someone else’s wrongdoing, an experienced wrongful death attorney can aid you in determining whether or not you have a wrongful death case.
The statute of limitations surrounding the filing of a claim, vary by state. Because of this, we highly suggest you seek legal representation from an attorney knowledgeable of laws for the state in which your loved one died. Generally, the time limit for filing a wrongful death claim depends on who and what caused the death; typically, the limit is two years from the date of accident or death.
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