Find Out if Your Case Qualifies as a Wrongful Death Lawsuit
When someone's life ends at the fault of some other person or entity (such as a car manufacturing company), the surviving family members may be entitled to sue them for a wrongful death lawsuit. Furthermore, wrongful death lawsuits investigate damages. If the ruling is in the survivor's favour, they are entitled to compensation for their loss.
The laws for wrongful death differ for each state. Usually, the state statutes determine who is allowed to file for wrongful death. A limit is provided for the amount that can be presented for losses. Upon their implementation, the aim was to give financial aid to orphans or widows.
Although it is impossible to bring back a loved one through a wrongful death lawsuit, you can use it to help bring a sense of justice on their behalf. You can provide financial security for the surviving members, too. You can get more information by contacting a Sacramento Wrongful Death Attorney for a detailed discussion of your legal options.
Does My Case Qualify as a Wrongful Death Lawsuit?
A wrongful death lawsuit, in nature, is a kind of personal damage claim. In a wrongful death lawsuit, you ask for compensation for the loss you and your family experienced from whoever was at fault for it. If you are able to successfully demonstrate that your family member or loved one passed away due to someone else's carelessness or intentional act, then you are entitled to seek restitution for your loss, according to the law.
Common causes of wrongful deaths involve:
- Motor vehicle accidents
- Faulty products
- Premises liability damages like slip-and-fall occurrences
- Intentional attacks and killings
- Medical negligence or malpractice
To prove a case involves negligence, you have to prove that the liable company possessed a responsibility to take consistent care that could have avoided injuring or eliminating your family member. Instances of negligence are: driving with impaired vision or failing to manage a company or workplace correctly.
Moreover, suppose you are able to provide enough evidence to prove your family member perished because of negligence or that it was an intentional act. In that case, you can demand financial compensation for specific losses.
Can You Sue for Wrongful Death?
The claim is required to be filed by an agent on account of the survivors who suffer losses from the family member's death. Usually, said agent is the executor of the deceased's estate. So, the people who can sue for wrongful death are:
- Family members.
- Spouses, financial dependents, and alleged spouses.
- Distant family members.
- All people who suffer financially due to the loss
- Parents of a dead fetus
Who Can You Sue for a Wrongful Death?
Wrongful death lawsuits can be filed against numerous entities. The wide array of people consists of companies, government branches, employees and independent workers. For instance, in a collision consisting of cars - a faulty road paired with a drunk driver would look like this:
- The driver
- The employer in the automobile accident
- The architect or developer of the defective road
- A government representative who neglected to implement sufficient warnings concerning a road risk that caused the event
- The manufacturer, seller, or installer of a bad or dangerous part of the vehicle
- The individuals who provided alcohol to the impaired driver
How Are Settlement Amounts Determined?
Wrongful death settlements can be determined by the amount of the non-economic and economic losses associated with the death of your family member. This includes:
- The victim's medical bills
- Funeral as well as burial costs
- Lost salaries
- Loss of future income and other financial gains
- Loss of emotional support from the victim