One of the more intriguing aspects of personal injury lawsuits is the case of wrongful death. You might laugh that people would really file for a wrongful death claim as if there is such a thing as a rightful death, no pun intended. Nonetheless, all states now have their own respective wrongful death statutes and it would be wise to learn more about it.
What is Wrongful Death?
From the term itself wrongful death, it connotes the untimely demise of a person because of the legal negligence of another either in part or in whole. For example, if you brought your family member to the hospital and he died because you believed the doctors did not give life-saving medications in time, then your family member suffered what is called wrongful death.
What is the Legal Framework for Wrongful Death?
According to Perth lawyers, the Common Law that has been the framework of all legal statutes in the US does not allow for negligence cases to be brought if the person who suffered the negligent act is already dead. As Common Law states that negligence cases die with the negligence-inflicted person, it is quite impossible to ask for some form of redress.
But times do change. And as such, the surviving family now can file for a wrongful death claim based on the premise that someone is responsible for the death of a family member, Timpano Legal explains. Additionally, the case is often tied to the principle of negligence.
Requirements for a Wrongful Death Claim
In order for you to be successful in filing a wrongful death claim, you need to prove the following:
- The respondent caused the death of your family member whether in part or in whole;
- The respondent had a legal duty related to the circumstances surrounding the death of your family member, the negligence of which resulted in death to your family member;
- You or the victim’s family are still alive; and
- The death of your family member has caused you great monetary loss.
In What Instances can You File a Wrongful Death Claim?
Typically, wrongful death can arise from a variety of circumstances including medical malpractice, vehicular accidents, workplace-related accidents and criminal behavior. Technically, what the law is saying is that if your family member died because of what you believe is due in whole or in part to the negligence of another person, then you can file for a wrongful death claim.
Absurd as it may sound, but there are plenty of families today who seek financial redress for their loss. If you want to know more about wrongful death claims, you can ask your personal injury lawyer for more information.