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Posts Tagged ‘Wrongful Death Personal Injury’

The pain and suffering aspect of personal injury cases always contain some form of emotional stress. However, in many cases the injured party eventually recovers from their injuries. When someone dies due to another person’s negligence, the emotional pain that the decedent’s family and loved ones experience is difficult to restore. In addition, the individual’s unexpected death may place financial hardship on the family. If you are in such a situation, suing the individual or entity responsible for your loved ones death is a course of action you may want to consider.

Overview of Wrongful Death Personal Injury Litigation

Losing a loved one is never easy. If you are a dependent or close family member of the decedent a and the relative’s death was the result of wrongdoing by another individual or entity (such as a company), you may be able to file a type of personal injury called wrongful death. Your relationship to the decedent is only one condition that you have to meet. Depending on the laws of the state, you may also have to prove the following when contending a wrongful death personal injury:

• The decedent has a family representative overseeing their estate. If the decedent’s estate is in probate (being managed by the state) because they did not have a will, you may not be able to file a personal injury claim.
• The person or entity is entirely responsible for the death of the individual or played some part in the actions that led up to the death.
• The individual or entity responsible for the death was negligent (careless) or meant to cause harm, and this lead to your relative’s death.
• You and another surviving family members have experienced emotional injury sufficient to warrant compensation.

In comparison to other forms of personal injury, wrongful death differs in many ways. The most significant of these variances is how compensation is determined. In a wrongful death personal injury claim, the compensation in question is tied to both an emotional and pecuniary (financial) injury. Statutes of limitations (time limit to file claim) are also different in wrongful death cases than for other types of personal injury claims. States determine statutes of limitations. After death and within sufficient time to determine if there was a wrongful act committed are two time-related issues that a court may consider. A judge may start the limitation period when the person was alive, if the defendant in the case determines that the decedent was aware of the wrongful act prior to their death.

Important Considerations in Wrongful Death Cases

Wrongful deaths are probably the most distressing types of cases litigated in personal injury court. In addition to emotional pain and suffering, the compensation that is rendered in wrongful death cases is usually for the purpose of recovering the family’s financial loss. For example, the death of person who was the primary provider for a family can result in significant financial hardship. The courts may also take the type of wrongful death into account when considering an appropriate compensation for the family.

Types

There are numerous situations that can lead to a wrongful death, including the following:

Medical Malpractice: This is the most common form of wrongful death personal injury. In this situation someone in the medical field performed a negligent act that caused the decedent’s death.

Automobile Accident: This is the most common claim that is filed in personal injury. A driver under the influence of alcohol who kills someone in an auto accident is an example of negligent behavior in an automobile accident that can lead to a wrongful death suit.

Criminal Behavior: In some cases, a criminal act can be litigated in both criminal and civil court. The wrongful death personal injury claim is not typically filed until the criminal trial is over. The individual does not have to be found guilty in criminal court for you to proceed with a personal injury claim.

Work-Related Accident: When these types of incidents result in death, the employer is usually at fault for creating an environment that is unsafe. A worker that develops a fatal disease as a result of handling hazardous chemicals is an example of a work-related wrongful death.

Process of Proceeding with Wrongful Death

Although having to handle the particulars of a wrongful death personal injury case can be difficult, it is imperative that you act fast once you discover the negligent act. There are many laws and circumstances associated with the timing of a claim that courts might consider in their judgment in a wrongful death personal injury case. The following is the basic process of a wrongful death case:

1. You must confirm that the decedent’s estate has been assigned a personal representative.
2. Establish who or what was the cause of the wrongful death.
3. File the wrongful death personal injury claim. The defendant may offer a settlement at this time.
4. If no settlement is offered or you decline the settlement offer, the case goes to trial.
5. The discovery phase begins. At this time the lawyers on both teams obtain evidence to prove their case.
6. The court renders a judgment for compensation based on the specified pain and suffering experienced due to the loss of the decedent.

Your Rights

If you are the relative of someone who died at the hand of a wrongful act, you have the right to recover damages that result from a wrongful death.

People often feel guilty for attempting to recover monetary compensation because someone died. An insurance company or other defendant in a wrongful death personal injury case may attempt to make you feel that your claim is inappropriate. The majority of state laws give you the right to obtain damages due to the loss of a loved one whose death was due to negligence or another form of carelessness.