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The Essentials of Wrongful Death Lawsuits
More often than not, occur when we least expect. It is painful to lose a loved one. If the death of the person is a result of a party’s negligence or fault, it is even more painful. You will be entitled to damages if death is a result of someone’s fault or negligence. A wrongful death lawsuit needs to be approached in a careful manner as they are still new to the legal system. You need proper representation when making a wrongful death claim. You seek compensation and damages when filing a wrongful death lawsuit. Damages and compensation cover funeral expenses, lost salary and inheritance among other financial expenses. If you think you have a wrongful death lawsuit to file, there are things you need to know. This is because not all lawsuits prove to be plausible. Here are the essentials of filing a wrongful death lawsuit.
Only specific people can file a wrongful death lawsuit. There are different laws concerning those who can file wrongful death lawsuits. Most of the time, only immediate family members are entitled to make a wrongful death claim. Immediate family members are the ones directly affected by the marriage. A wrongful death lawsuit can also be made by financial beneficiaries. They can file a lawsuit as they are directly affected by the death. The close family members that can make a wrongful death claim are parents, children, and spouse of the deceased. Although the death of someone affects many people, you should check to ensure that you are legally allowed to file a wrongful death lawsuit.
Determining the legal fault of a defendant is the hardest part of filing a lawsuit. Legal representation will be needed, therefore. The defendant needs to be proven to be at legal fault in order for the plaintiff to be compensated. If the legal fault is not proven in court, a wrongful death lawsuit will be dismissed. Legal representation is required so that duty and the fault of the determinant can be proven. More than one party can be responsible for wrongful death and in some states some companies have immunity against wrongful death claims. Proper representation is therefore essential.
Legal representation is necessary since you will be determining the damages. It is hard to put a price on someone’s life and this is what makes determining damages hard. Damages can be economic and this is in terms of financial loss resulting in the death of the person. Punitive damages are aimed at punishing those responsible in the death. Ensure you have proper information on wrongful death lawsuits if you think you may have one.