If you have lost a loved one due to someone else’s fault, you may be entitled to file a wrongful death case. While the compensation or punitive damages won’t bring back your loved one, the wrongful death claim can ensure you get some justice for your loved one. The legal process for a wrongful death claim can often be complicated. Therefore, consider seeking the assistance of a wrongful death lawyer for expert legal advice on how to proceed with the claim. The lawyer can also help you determine if the case qualifies as a wrongful death claim.
What Is Wrongful Death?
A wrongful death is when someone gets killed by another party’s misconduct, wrongdoing, or negligence. There are various types of incidents that can lead to a wrongful death lawsuit, such as auto accidents, medical malpractice, manufacturing defects, or workplace accidents.
While there can be criminal proceedings related to the wrongful death, a wrongful death claim or lawsuit is a type of civil action and is different from a criminal case. Generally, a key distinguishing factor is that the standard of proof is lower in a civil lawsuit. However, one case does not depend on the outcome of the other case.
Who Can File a Wrongful Death Claim?
A wrongful death claim can be filed by the surviving family members or personal representative of the deceased’s estate. The surviving family members include the spouse, parent, children or other immediate family members. The party that files the wrongful death claim can seek compensation through a lawsuit or negotiate a settlement with the opposing party. While anyone can be sued for a wrongful death case, there are some exceptions. Certain government agencies and employees are immune from liability for any actions within the scope of their duty. For wrongful death claims against employers where the death happened on the job, a workers’ compensation claim is used to recover damages.
Damages Available in Wrongful Death Case
There are several categories of damages that a plaintiff can be compensated for, including funeral costs of the deceased, loss of the deceased’s lifetime income, loss of companionship or loss of consortium, and more. If there are any medical bills as a result of the accident, then those medical bills can also be included in the compensation. The payout of the amount depends on several factors, including the deceased’s age and financial standing or earning ability.
A Wrongful Death Lawyer Can Help You Help You Get Justice
If you want to pursue a wrongful death lawsuit, it is highly recommended that you seek guidance from a wrongful death lawyer. Wrongful death lawsuits are often a result of a serious injury or severe accident, and the compensation could be worth a lot of money. This means the opposing party will try everything possible to minimize their payout. Having an attorney on your side helps you ensure you get full and fair compensation for the loss of your loved one. Our Indiana injury attorneys at law offices of Wagner Reese can use their personal injury litigation experience to guide you through the legal process of a wrongful death lawsuit.