Wrongful death claims are placed against anyone who has caused someone else’s death due to negligence on their part. This claim allows the bereaved of the deceased to file a lawsuit against the party who is responsible for the death. Rather than directly most of the bereaved ask a representative of the state such as a wrongful death attorney to fight for their case in court. Here is what you need to know about it.
A wrongful death claim is applicable when the victim who otherwise had only a personal injury claim died because of the negligence or intentional harmful actions of their caretakers. This can happen if:
The victim was killed deliberately – If the victim died due to deliberate actions by the defendant then it can be upheld in court as a wrongful death claim. A good example is of OJ Simpson who was sued for killing his wife and her lover.
If the victim dies because of medical malpractice – If the doctor who was charged with the victim’s care misdiagnosed or was careless in providing a level of care that was mandated resulting in death, then a wrongful death claim can be made against him/her.
Car accident deaths – If a person dies as a result of car accident injuries then the bereaved can file a wrongful death claim can be made successfully.
These were just some of the reasons that can make a seemingly small case into a wrongful death claim. It can stem from any personal injury that results in death if it is ignored or mishandled. Some of the main elements that you can find in one include:
- Death of a human being due to negligence or to cause harm
- The appointment of a personal representative for the estate of the decedents.
- Survival of family members who are suffering financially and emotionally because of the loss.
The case may arise from a:
- Car or plane accident.
- Criminal behavior
- Death during a supervised activity.
- Occupational exposure to hazards that should have been curbed or protected against with appropriate gear
The main measures of damages in a wrongful death claim include injury, financial and pecuniary damages. The last one pertains to injuries that include loss of services, support, loss of inheritance along with medical and funeral expenditures. This may also include a damage award which will include interest accumulated from the time of the decedent’s demise.
Wrongful Death ? Call Attorney Javier Marcos
Personal injury attorneys with Attorney Javier Marcos can help you present a claim that can give you the best claim possible and as much money as needed. We have personal injury attorneys on board who have years of experience defending the loved ones of the deceased in court to ensure they can get the damages they ask for and they have a right to. For more information about our services and to request a purely Spanish speaking attorney, contact us by dialing 713.999.4444 and we will call you in for a consultation pronto.