Are you considering filing a wrongful death lawsuit? If so, you likely are wondering what that process involves. Going to court in real life is never as streamlined as it appears on television and movies. In real life, proceedings can take anywhere from a couple of days to several weeks or even months.
Today we’re talking all about wrongful death suits, how they work, and what to do when you feel like you are in a situation where someone you know has passed in what you believe was a wrongful death. Read on to find out more and learn about how a wrongful death suit works.
No one ever wants to have to deal with the situation of a wrongful death. The emotional aspect of knowing someone that has passed away as the result of negligence or worse, intentional harm, can be very tough to navigate. You may believe that litigation may bring you some closure, but you have to process your thoughts about your loved one’s passing outside of the courtroom and not mix the two. A wrongful death is one that should not have happened, and the concern should be about filing a claim on behalf of the person who was affected by family members or other parties (another good reason to consult a lawyer if you are uncertain about whether you will be allowed to file on their behalf).
Consulting a lawyer will start your process and they will be able to tell you whether it is a good idea to go ahead with your suit. Wrongful death claims are filed by the deceased’s estate or family members against those legally responsible and claims that they caused someone’s death through negligence or malice. If the defendant were alive and would have had cause to file personal injury claim in court, this can be solid grounds for filing a suit.
This happens quite a bit in the medical field, but many times they are settled quietly and no news of it reaches the media. Medical malpractice leading to death is a common suit that is filed. Another common cause of a wrongful death suit being filed is a car accident, which can go from a potential injury case to something more serious when someone passes from their injury.
Parents of minors, spouses, even adult and extended family and people who prove they depend on the person that passed are usually able to sue, although it is most often the estate that files or also other survivors of the accident. It does vary on the state, however, and a legal professional will be able to tell you who is eligible and who is barred from filing on their behalf in your area. Still, you remain with the burden of proof, just as with personal injury cases. You must be able to prove negligence or other failures to hold up a standard of responsibility.
Talk to a lawyer in your area to see if you have a suit. Consult The Law Offices of Payas, Payas, and Payas today to learn more.