Understanding How a Wrongful Death Lawsuit Works

  • By Dodson Robert Atty
  • •
  • 26 Jul, 2016
  • •

If an intentional act or someone’s negligence resulted in the death of a family member or spouse, you may have a wrongful death lawsuit on your hands. Wrongful death cases can be thought of as personal injury cases that result in the death of the victim. If the individual was killed on purpose, as the result of medical malpractice or as the result of injuries sustained in an accident, then a lawyer can help you determine if you have a solid case.

Proof of Negligence

In these specific lawsuits, the burden of proving the death was wrongful falls on the shoulders of the individual who files the lawsuit. A lawyer, along with various other professionals, builds and strengthens the case to show the defendant is responsible.

Filing a Claim 

Only specific individuals have the legal ability to file a wrongful death claim. Such individuals include the deceased individual’s estate representative, spouse or life partner (but only in some states). Parents of a minor who is the victim of a wrongful death can also file a claim.

Once a claim is filed and the case is built, damages that are often awarded in a wrongful death include:

●    Burial and funeral expenses
●    Medical costs incurred
●    The loss of the victim's expected wages
●    Loss of consortium

Learn more about wrongful death cases by calling The Law Offices of Robert Dodson at 803-252-2600.

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