Losing a loved one due to another person’s intentional act or negligence is very traumatizing. While the situation is emotionally draining, getting justice and compensation for your loss is non-negotiable. Because if the deceased person was a single-earning member of the family, then considering how to deal with the loss of income is equally crucial to get life going.
A wrongful death claim is an exceptional lawsuit bought when a person dies due to the negligence or intentional act of others. It allows the victim’s loved ones to file a lawsuit against the party who is legally liable for the death.
When is a Wrongful Death Claim Applicable?
A wrongful death claim can arise in the events where an individual would have otherwise filed a lawsuit for a valid personal injury claim due to someone else’s negligence. Listed below are a few instances where this situation can occur:
- When a Victim is Intentionally Killed
- When a Victim Dies Due to the Result of Medical Malpractice
- Car Accident Fatalities Involving Negligence
Remember that a wrongful death claim can stem from almost any personal injury situation. However, one notable exception in work-related injuries is that these can be exclusively handled via the worker’s compensation system.
What Must be Proven?
While fighting for a wrongful death claim, hiring a well-experienced wrongful death attorney is recommended to ensure receiving fair compensation for your loss. To hold the defendant party liable, you must provide the same burden of proof that the victim would have otherwise bought in case of a personal injury case.
Hence, holding negligence as the ground of claim, your attorney will prove that the defendant breached his duty of care which further became the proximate reason for the victim’s loss of life. And the plaintiff is trying to recover the loss and damage caused by the victim’s death.
Who Can File a Wrongful Death Claim?
A wrongful death claim is pressed by the victim’s estate representative on behalf of the survivors who had a relationship with the victim. While the people deemed to be survivors can vary from state to state, a spouse in all states is eligible to bring a wrongful death action on behalf of their deceased spouse. Similarly, parents of a minor child are also eligible to get wrongful death action if they have lost their child (or vice versa) due to the other party’s negligence.
Generally, the more distant the familial relationship becomes, the more complex it gets to collect a legal remedy via a wrongful death case.
About us
Losing your loved one can be emotionally traumatizing, especially due to someone’s negligence. It is one of the reasons you should consider hiring a reputed wrongful death attorney for your lawsuit.
If you want to hire one of the best law firms in Port Charlotte, Florida, then The Wotitzky Law Firm is here to help. Our team of experienced law professionals will help you deal with all your legal matters keeping your best interest in mind. We can also help you handle other legal affairs like family law, civil litigation, real estate, contract, business, and personal injury law. Please write to us at info@wotitzkylaw.com or call us at +1 941-639-2171 to know more.
