Wrongful death is a tragic instance where an individual is killed due to someone else’s negligent or intentional actions. This is a civil action lawsuit that stands different from criminal charges. The aim of this lawsuit is to pay damages to those left behind by the victim of wrongful death.
When Does Wrongful Death Apply?
A wrongful death lawsuit usually applies to situations where a person would’ve survived if it wasn’t for the ‘wrongful’ actions of the accused. Most of these situations are ones where a person would have had a reasonable case for personal injury, but the injury became fatal. However, it can also include intentional murder, which will then be handled separately as a murder case as well.
One of the most common types of wrongful death scenarios is where medical malpractice is concerned. A medical practitioner who has refused to conduct the appropriate tests, been careless with the treatment, or has failed to properly diagnose a problem can lead to wrongful death.
Who Can Sue for a Wrongful Death?
As the affected party is no more, the case has to be registered on their behalf by someone else. This may be done by those surviving the victim who have suffered damages from the death. The people most likely to bring this forward are family members and dependents, like spouses, children, and parents of unmarried people.
Other than them, people who have suffered financially from the loss may be able to sue on the terms of lost care and financial damage.
Legal Representation
As cases such as this are still civil cases, they will require litigation lawyers and attorneys to come in and build a case. Much like personal injury cases, plaintiffs in wrongful death cases have to bring forward the same burden of evidence to prove that the damage was caused by negligence. A good lawyer will be able to make a case based on damages such as loss of a loved one or a guardian, loss of expected income, and any other costs that went into funeral arrangements or medical bills.
If, unfortunately, you have found yourself in need of making a wrongful death lawsuit, consider contacting our top personal injury attorney san Diego and wrongful death attorneys at Top Performance Legal. Our litigation lawyers will help you make a case to legally deal with those responsible.