If your relative dies as a result of someone else's misconduct, you might be able to bring a claim against the wrongdoer’s insurance or file a lawsuit. The wrongdoer can be an individual, a company, or another type of entity such as a government agency.
A wrongful death lawsuit is not a criminal case. The claim or cause of action is limited to monetary damages.
NOT EVERYONE CAN FILE A WRONGFUL DEATH LAWSUIT
You must be related to the victim in some way, or somehow injured - financially somehow- by the death to bring a wrongful death claim or lawsuit. In Arizona, a wrongful death action can only be brought in the names of the categories of persons specifically listed in wrongful death statute: a parent, spouse or a child of the deceased. Some states allow more distant relatives to sue.
The statutory plaintiff who brings a wrongful death action represents all other beneficiaries who have a legal right to be compensated for their loss resulting from the victim's death.
YOU MUST PROVE YOUR CASE TO WIN
The conduct that caused the victim's wrongful death can be either an act or a failure to act. The defendant's conduct must have been either negligent or intentionally designed to cause harm. The victim must have at least one surviving family member who has suffered loss because of the victim's death.
MISCONDUCT NEED NOT BE CRIMINAL
Not all wrongful death lawsuits are filed because of deaths due to criminal acts such as murder, or a crash caused by a drunk driver. Some types of actions causing death, however, are not considered serious enough to justify criminal charges. For example, a doctor who fails to follow the standard of care necessary in performing a surgery might not face criminal charges even if the patient dies, depending on state law. Nevertheless, the doctor (and the hospital) might lose a wrongful death lawsuit on this basis.
DAMAGE AWARDS CAN BE VERY HIGH
In a wrongful death lawsuit, you may claim damages for direct expenses like medical bills and funeral bills. You may also claim damages for the loss of a lifetime of financial support that the victim would have provided, or for the loss of household services that the victim would have performed. You can also sue for loss of emotional benefits such as companionship and sexual
relations. In some cases, damages for non-economic losses are greater than damages for economic losses.
Most wrongful death lawsuits are settled out of court, although in many cases a settlement is not reached until after a lawsuit is filed.
I CAN HELP
The law surrounding wrongful death is complicated. Plus, the facts of each case are unique. For more detailed, specific information, you can contact me for a free consultation.
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The law surrounding wrongful death is complicated. Plus, the facts of each case are unique. For more detailed, specific information, you can contact me for a free consultation.