A death in the family, no matter the circumstances, is always a personally devastating experience for the survivors. Beyond the emotional impact, the family is often left with crippling expenses due to the need to settle the estate and funeral expenses. However, when a death is due to the negligence or action of another party it can be possible to obtain monetary compensation via a wrongful death action.
Reasons for Wrongful Death Lawsuits
A wrongful death lawsuit can be brought for a death that resulted from, in part or whole, the negligent or malicious actions of an individual or group. Auto accidents, workplace injuries, crimes and other such events are all examples of cases where it may be possible to recover damages for the wrongful death of the individual.
These actions do not have to involve a deliberate intent to harm the individual. For example, a company that fails to abide by federal and state safety regulations can face legal action for the death of an employee or patron, even though there was no direct intent to harm the individual. The fact that the company failed to take the required measures to protect the individual is enough to allow for a wrongful death lawsuit.
Other examples can include the failure to provide proper medical treatment or care giving after surgery or other medical procedure. A number of wrongful death suits have involved errors in medication or observation that later resulted in the death of the patient, whether at the hospital or after returning home. Finally, criminal activities can also lead to wrongful death suits, in addition to any criminal charges the state may choose to file. Driving under the influence of drugs or alcohol is one example of an action that can lead to a wrongful death suit being filed.
Wrongful Death Lawsuits and Compensation
A wrongful death suit may demand compensation for damages relating to the death of the individual. These include, but are not limited to, the loss of future income, costs for final medical and funeral expenses, and pain and suffering due to the individual’s death. In addition, children, parents and spouses can demand compensation for the lost support and companionship of the decedent. However, whether or not such compensation will be granted will depend on complex issues that are best handled by a skilled attorney.
By seeking out an experienced attorney, a family may be assured that they will be materially compensated for the terrible loss they have suffered due to the negligence of others. By working with a wrongful death attorney, they will be made aware of all of their legal rights and options during the case. In order to determine the precise factors surrounding any wrongful death case, it is important to immediately contact the skilled attorneys at www.hertz-law.com, in order to have the case effectively evaluated. In this way, the bereaved family can be assured that they will be supported in whatever legal action they choose to take.