Personal Injury Law

What Is Wrongful Death, And Ways To Claim Wrongful Death Lawsuits?

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25 July, 2023

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Accident victims in the United States have the right to claim personal injury for the compensation of the loss that has occurred due to the accident. But there are times when the accident has been fatal. In this article, we will discuss Wrongful Death Lawsuits and claims that are related to them. 

What Is Wrongful Death?

Wrongful death is a kind of death that has occurred due to some kind of negligence.

Some of the instances that lead to the occurrence of wrongful death are as follows: 

  • Fatal traffic accidents
  • Fatal slip and fall accidents 
  • Fatal accidents that can occur within one’s workplace
  • The fatal injury that occurred due to a disruptive product 

You must know that a wrongful death claim falls under the realm of a civil case and not a criminal action against the person who can be held responsible for the death of the victim. 

Wrongful Death Claims Vs. Personal Injury Lawsuit: Difference

Wrongful death claims are very much similar to personal injury lawsuits in many circumstances. On the other hand, personal injury lawsuits are raised when someone is fatally injured due to someone’s negligence. 

If the victim is successful in showcasing that the loss that they have faced has been due to negligence or ignorance, then they can acquire compensation from the defendant for their loss. Compensation can be in terms of recovering medical bills, lost income, and psychological distress. 

On the other hand, wrongful death claims are raised by the family or personal representatives of the deceased person who has passed in a fatality.

Who Can Be Sued For Wrongful Death Lawsuit?

Any individual or entity can be sued who has a direct relation in causing an accident so fatal that led to the loss of life. Some examples of people who can sue under a wrongful death lawsuit are as follows: 

  • Drivers who are at fault for the fatal collision
  • Companies that have designed and manufactured defective products
  • Companies or individuals who provide alcohol to impaired drivers who might cause fatal accidents. 
  • Companies fail to inform the risks of using a product.
  • Government agencies that have not provided warning signs on hazardous signs 
  • Medical professionals who have committed malpractice 
  • Employers who have been negligent about the working conditions of their employees. 

How To File A Wrongful Death Lawsuit To Claim Compensation?

If you feel that your loved one has died due to someone’s negligence or intentional act, then taking advice from a wrongful death lawyer is the best decision you can take. The lawyer will advise you on the process of filing a wrongful death lawsuit to acquire the compensation in a timely manner. 

Having a good and experienced wrongful death lawyer will allow you to have effective guidance before you file a lawsuit. This can involve getting a meeting with the insurance company for the purpose of acquiring compensation for losing your loved ones. 

On the other hand, if you are unable to acquire an effective settlement regarding the wrongful death claim, the lawyer will assist you in filing a lawsuit that will take your case to civil court.

What Kind Of Lawyers Fight For Wrongful Death Lawsuits?

In the aftermath of a tragic loss, the quest for justice often takes the form of a wrongful death lawsuit. This exploration introduces the legal warriors who stand as beacons of hope. Similarly, navigating the complex terrain of grief and litigation to champion the rights of those who can no longer speak for themselves.

The Sentinel Attorneys: Advocates for Grieving Families

The attorneys who undertake wrongful death lawsuits are more than mere legal representatives—they become sentinels for grieving families. 

Moreover, it delves into the compassionate role these lawyers play, providing solace, empathy, and unwavering support in the darkest hours of loss.

Personal Injury Lawyers: Masters of Torts

At the heart of wrongful death lawsuits lies personal injury law. Moreover, attorneys specializing in personal injury cases become the architects of justice, unraveling the complexities of negligence. 

Similarly, liability, and damages to construct a compelling case that seeks redress for the loss suffered by the surviving family members.

Medical Malpractice Attorneys: Unraveling Healthcare Negligence

In cases where Wrongful Death Lawsuits stems from medical malpractice, lawyers with expertise in healthcare negligence take the lead. 

Moreover, it explores how these legal maestros dissect medical procedures and standards of care. Similarly, doctor-patient relationships unveil instances of malpractice.

Product Liability Lawyers: Holding Manufacturers Accountable

Wrongful Death Lawsuits caused by defective products call for attorneys well-versed in product liability. 

Moreover, it illuminates the role of lawyers in holding manufacturers accountable. Similarly, it exposed flaws in design, production, or labeling that contributed to the tragic loss.

Traffic Accident Attorneys: Seeking Justice on the Roads

When wrongful death occurs on the roads, attorneys specializing in traffic accidents become the legal navigators. 

Moreover, this explores how these trailblazers decipher the intricacies of collisions, traffic laws, and insurance claims. Similarly, to construct a compelling case for justice.

Criminal Law Attorneys: Overlapping Realms of Justice

In cases where the wrongful death is a result of criminal actions, attorneys well-versed in criminal law step into the arena. 

Moreover, this explores the delicate balance of these champions of justice strikes, navigating both criminal and civil proceedings. Similarly, to ensure comprehensive redress for grieving families.

Insurance Dispute Lawyers: Breaking Through Coverage Barriers

Navigating insurance disputes is a common challenge in wrongful death cases. 

Moreover, lawyers adept at unraveling insurance intricacies become warriors for the bereaved. Similarly, breaking through coverage barriers and ensuring that families receive the compensation they deserve.

Frequently Asked Questions (FAQs)

Q. Can a family member sue for wrongful death lawsuit? 

A. The closest family members of the deceased member have the legal right to sue for the wrongful death of their loved one.

Q. Does wrongful death fall under criminal action? 

A. A case for wrongful death is a civil action with the purpose of recovering the loss through compensation.

Q. Can we file for a wrongful death case for the loss of a pet? 

A. Wrongful death cases are only reserved for human lives. But, if you feel someone is to blame for the death of your pet, then you can file a case for financial recovery. Some states provide damages for the death of a pet if it was intentional. 

And It’s A Wrap!

Wrongful death can be the most devastating kind of loss one can face as it leads to the loss of a human life who can be someone’s loved one. If you are someone who believes that your loved one has passed away due to someone’s negligence or intention, then hiring a good and experienced wrongful death lawyer will assist you in filing the wrongful death lawsuit to recover money from the loss.

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Jyoti Jha is a freelance SEO content writer for tech , health, and education-related content. With 5 years of experience in the industry, I am creating high-quality content that captivates readers and delivers value.

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