If a loved one is killed in an accident, you may wonder if they can file a wrongful death case. A wrongful death claim is a civil lawsuit that applies to actions that cause the legal death of a negligent person or organization, even in cases where intentional violence killed someone.
False death lawsuits are similar to personal injury lawsuits unless family members of the deceased can file a lawsuit. In the article below, our wrongful death attorneys can help you qualify if your case is for wrongful death claims.
When a wrongful death claim is applied, it can result in the victim’s death from a personal injury due to the defendant’s misconduct.
Also, it can occur in a variety of situations; even if someone faces criminal charges, they can file a case in civil court for wrongful death.
What is wrongful death by negligence?
The wrongful death claim also applies when someone dies due to medical negligence. If they are negligent in providing the condition or care and the patient dies. As a result, a wrongful death action against the doctor is possible.
Here are some personal injury cases that only turn into wrongful death cases if the victim passes away.
Work injuries leading to death, generally, these cases must be handled separately by the workers’ compensation system. Individuals, physicians and other medical professionals, companies that develop and manufacture products, and government agencies can claim wrongful death.
If you have a case that qualifies, you should seek the help of an attorney experienced in handling wrongful death claims and personal injury cases. If such an action occurs and can be proven, your criminal death lawyers in Philadelphia, PA, will help you proceed.
Who can file a wrongful death case
People can file a wrongful death case if someone’s negligent actions cause the death of a loved one.
Some examples of people who caused the death of another person could be: the driver in a car accident, the bartender who served the most alcohol to those who drove later, the doctor who was unable to diagnose the medical condition, or the owner who failed to manage his property.
Bogus execution orders vary from state to state. Your state statutes define who can sue for wrongful death and may place limits on the amount paid in damages, as well as support for orphans and widows and people affected by the end.
How a wrongful death is proven
It is not always easy to prove a wrongful death when someone’s negligence causes an accident or event that causes the death of others. You must also show that: the person responsible for the deceased’s medical care is responsible.
There is a direct link between a duty of care violation and death. For example, the driver drives at dangerous speeds and causes an accident where the medical services do not pay the utmost care. When the driver went too fast, it caused injury and subsequent death.
This is a simplified answer to how wrongful death can be proven. It is a very complex process depending on the specific circumstances of each accident.
Your wrongful death attorney will be able to evaluate the case and take the necessary evidence to prove negligence and win your criminal death case.
Damages in the event of wrongful death
- Survivor losses: the pain and suffering of a person who struggled before dying.
- Funeral expenses for death and burial expenses.
The deceased lose the inheritance due to the loss of income of the dead, the value of the services provided by the dead in the care, guidance, and upbringing supplied by the deceased.