Nursing Home Lawyer
If your loved one has passed away and their perishing may have been influenced by another person or party, you may have the foundation for a wrongful death lawsuit. Unexpected incidents which led to the death of a loved one can be very painful for the surviving family to overcome. Many family members may turn to legal action as a way to seek justice for the offender’s wrongdoing, in addition to receiving the financial support they need during this time. The surviving family may want to meet with a wrongful death attorney as soon as possible, as there may be time limitations for taking legal action. The offender in a wrongful death lawsuit could be a doctor, medical facility, drunk driver, the loved one’s employer, or someone else.
Here in the article below, we have answered a few questions related to wrongful death lawsuits. Please read on for more information.
What is the definition of wrongful death?
When a wrongful death lawsuit is filed, it is typically against a person or entity that may have had an influence in another’s death. In most cases, it is a member of the surviving family that files the lawsuit. Cases of wrongful death can be very emotionally turbulent. It is important that an experienced attorney in such fragile cases represents the grieving family. Every state has specific laws surrounding wrongful death lawsuits, such as who can file, the kinds of damages that are compensable, and how long a family has to take legal action.
What are the elements in a wrongful death case?
When a family files a wrongful death lawsuit, there are certain elements that must be proven through evidence, in order for compensation to be awarded. An attorney can help the family gather evidence that supports their side of the wrongful death case. These key four elements include the following:
- Negligence = the surviving family and representing attorney must show how the passing of their loved one was at least partially or entirely due to the offender’s negligence, thoughtlessness or disregard.
- Breach of Duty = it must be proven that the offender owed a duty to the loved one, and had failed to uphold this obligation.
- Causation = along with showing how the offender breached a duty, it must be shown how this negligence led to the death of their loved one.
- Damages = As a result of the death, there must be quantifiable losses that the surviving family has faced.
What are the most common ways wrongful death happens?
Wrongful death can unfold in a variety of settings. It can happen at work, during a medical procedure, while driving on the road, and more. In every case of wrongful death, the family left behind may suffer from financial distress, heartache and a worry for future stability. Here is a list of the most common ways wrongful death can occur:
- Vehicle accidents (commercial truck, motorcycle, or passenger car)
- Medical malpractice (doctor fails to provide a reasonable standard of care)
- Birth injuries (which result in death of the newborn)
- Workplace exposure, hazards or accidents
- Nursing home facilities (neglect, abuse or poor medical care)