The passing of a loved one is never an easy affair, but in situations where it is caused by the negligence of another person, it can become even worse. Thankfully, there is the ability to file for a wrongful death lawsuit that can help ease the financial burden of one’s passing and give some closure to friends and family. What exactly constitutes a wrongful death suit and how can one pursue one?
In essence, a wrongful death lawsuit works the same way that a personal injury case would. The main, and obvious, difference is that the person who was affected is deceased, rather than simply injured. The two most common cases of wrongful death are medical malpractice and automobile accidents. The only situation where a personal injury case could not become a wrongful death is when the person is currently working. Note that this is only true because restitution comes from the worker’s compensation system.
In both of the aforementioned examples, it must be proven that it was negligence or harmful intent that led to a person’s death. In the case of medical malpractice, it must be shown that the failure to meet a standard of care or the intentional foregoing of treatment or testing that led to a person’s passing. In the case of an automobile accident, it must be shown that it was due to the negligence of the other driver that the accident was caused.
If these criteria do indeed exist, then the estate of the deceased must be the one to file the wrongful death suit. Usually this is a surviving spouse, children, parents, or other close family. When filing for a wrongful death suit, it is always a good decision to have an attorney involved as well, as a skilled one will be able to determine the right amount to pursue and will help the case end in victory for the plaintiff.
We at the Franco Firm excel in personal injury law and would be honored to help you through the difficult time following the wrongful death of a loved one. For more information about the services we offer and to schedule a free consultation with us, please call (813) 872-0929.