The worst pain anyone can go through is losing a loved one. Losing them can be crippling, emotionally, financially, and physically. When your loved one died due to the malpractice of another, the pain is intensified. It is one thing to lose a loved one to a disease, or to old age, or even to a misfortunate accident, it’s another to lose them because someone else wasn’t paying attention, or wasn’t doing their job properly. Losing a loved one to the negligence of another is heart wrenching.
You should not feel badly about demanding compensation for your pain. While negligence is not always criminal and won’t typically lead to a sentence, you deserve justice. Feeling like the party responsible has paid their dues is the first step to moving on. Holding on to hatred can be detrimental to both your physical and emotional state of being. Further, you will likely need support after your loss. When a primary earner in your household dies, it can throw everything into chaos. The stability and financial security you had are now gone. Compensation from a wrongful death suit can give you a sense of retribution, and the finances you need to continue your life.
Medical malpractices include anything from a misdiagnosis, to surgical errors, or even substandard medical or recovery care. Up to 100,000 to 300,000 Americans will die from medical malpractice each year. In fact, medical errors are now the third leading cause of death in the United States in 2016. Medical malpractice claims more lives than those caused by strokes.
There are approximately 37,000 deaths in the United States every year due to an auto-accident. Of those accidental deaths, approximately one-third are due to impaired driving. In 2016 alone an average of 26 people died due to a drunk driving every day in the United States. People need to be responsible for themselves and know that, even if they think they are “okay” to drive, impairment could lead to someone’s death. Drunk driving is a criminal offence.
You already know that people can sue when they slip and fall on a property due to a failure on the owner’s part to make sure that his or her walkways were clear. While falls typically only lead to a fracture in terms of worst-case scenario, there are cases where death occurs. Hip fractures, for instance, are the leading fractures that can lead to serious health concerns and even death. Thousands of people over the age of 65 die from these sorts of fractures every year.
Compensation and costs associated with these slip and falls amounted to an approximate $70 billion each year.
Workers have a right to work in a safe workplace. If they are injured, or die while on the job due to an unsafe working environment, you have a case for wrongful death suit. Thousands of people will die because of a workplace injury. Examples of injuries include car accidents, falls, assaults, equipment, and exposure to dangerous materials.
When a loved one dies, it is hard to move on. It is hard to work, get your life back on track, and to move on. Getting financial compensation is the only way to make sure that you can comfortably mourn your loss without worry about debts, your financial situation, the cost of the funeral, or other unforeseen costs. These worries are also why you should have life insurance.
What You Need to Know About Wrongful Death Suits
What is a Wrongful Death Suit?
A wrongful death suit is a claim on the behalf of the deceased against the person responsible. It is usually filed by a representative (a lawyer) on the behalf of the family. In some cases, wrongful death suits can be mounted actions that involve multiple families who have lost a family member due to the same cause. For instance, if a medication was put on the market that had devastating side effects like cancer or caused death, a class-action lawsuit can be filed instead. A class-action lawsuit is where one party is a collective of members.
When Can You Claim a Wrongful Death Suit?
Not all accidents that result in death can be followed up with a wrongful death suit. These suits are only applicable when the deceased died as a result to an injury or even that would have not happened without the defendant. Wrongful death suits can be filed for both accidents that occurred due to negligence, premises, or malpractice. They can also be filed if the defendant had intentionally intended to harm the victim. While negligence does not always result in a sentence, intent to cause harm is a criminal offence.
In some instances, you wouldn’t file a wrongful death lawsuit, and instead go through other systems like the worker’s compensation system to get compensation for the death of your loved one.
What Do You Need to File a Wrongful Death Suit?
Unless you have a strong background in wrongful death suits, you will need a lawyer. Hire a wrongful death lawyer Baton Rouge has a fine example of the kind of firm you need; not only do they take their fee from your settlement, they also have a 100% client satisfaction guarantee, meaning that if you are not satisfied by the service you received from them within the first 30 days, you can terminate the contract, and you won’t owe them anything.
After you have a lawyer, you will next need to provide proof. You will have to provide the same information that you would have had to provide if your loved one had lived and was seeking compensation. This includes medical reports, as well as other evidence that proves that the defendant was responsible. Eye-witness statements, crime-scene reports, and other accounts will be useful here. You also need a probate estate. This is so that you can file a lawsuit on the behalf of your deceased loved one.
Before a wrongful death suit can proceed, you must prove without a doubt that the accused is responsible for the death of your loved one. It will not go through unless you this fact is proven. As hard as it may be, help your lawyer to collect proof and evidence as soon as you can. If you need help, ask a friend or family member for help. Some states have a limitation on how long you can leave it before filing a lawsuit. If you wait too long, you won’t be able to proceed, no matter how cut-and-dry the case is. That is why appointing a lawyer is necessary to not only give you your best chances at receiving compensation, but to also expedite the process and make sure that the lawsuit stays on track.
Who Can File a Wrongful Death Suit?
Unfortunately, friends cannot file a wrongful death suit on the behalf of the deceased. Spouses, parents, and children are most commonly allowed to file a wrongful death suit, however it varies from state to state. For instance, some states disagree that adult children can file for a wrongful death suit on the behalf of their parents, or other distant family members. The loosest interpretation of who can file a wrongful death suit are those who are financially dependent on the deceased, however it varies.
What Compensation Are You Owed?
You can be compensated for the deceased pre-death pain and suffering, the medical costs, funeral costs, loss of income, loss of inheritance, value of services, loss of care, loss of a loved one, and other charges. The money you receive depends case-by-case, however to make sure you have the best chances at a fair settlement you should always use a lawyer. Representing yourself is a sure-fire way to lose out on all the compensation you are owed for your pain and suffering.
Trials can be extremely stressful, taxing, and heartbreaking. You are mourning the loss of a loved one, someone that you are dependent in all aspects of your life. Wrongful death suits can provide closure and the financial stability that you need to live day-to-day, and can provide you with the ability to continue with your life, albeit a different life to the one that you had hoped for. Once the wrongful death suit is over, you will have the capacity to focus on moving on. Your grieving process is unique to you. Remember that:
- You don’t have to answer for your grief
You don’t have to move on from your grief on a set schedule. You are not responsible for how others feel about your grief. You need to mourn in your own time. Just remember that, while you are not responsible for making others feel uncomfortable, you are responsible for any hurt or pain you cause them when you yourself are hurting.
- Moving on doesn’t mean the same for everyone
Moving on doesn’t mean that you’ll one day be happy. Moving on doesn’t mean that the pain won’t always be there. It simply means that you are taking a step away from the grieving process and taking back your life. It means whatever you want it to mean, because it’s different for everyone.
To lose a loved one is always terrible. Wrongful death suits can bring justice and they can secure you financially while you grieve and prepare you for a life without your loved one. Put your case in the hands of a talented lawyer so that you have the best chances at receiving fair compensation, and start the healing process.