Posts made in March, 2017

In the Event of Wrongful Death You can lift the Financial Burden placed on Your Family by Holding Culpable Parties Accountable

Posted by on Mar 9, 2017 in Wrongful Death Claim | 0 comments

All manufactured goods, whether for indoor or outdoor use, are meant to provide fun, comfort, health, convenience, etc., while human services, especially health care, ought to make a person’s overall condition better. This is what everything is intended for, and, by being aware of our moral and legal responsibility in not endangering the lives of others, life should, therefore, be totally safe and fun.

Safe and fun, however, are not the only realities in life. Often, there are also injuries and death. Every year either millions of individuals suffer injuries or families lose a member due to death. Majority of these injuries and deaths, however, are not the fault of the injured or dead individual, who is believed to have acted diligently and with due care; rather, these are the faults of people, whose reckless or negligent actions have all but resulted to injury-causing or fatal accidents.

Negligent or reckless acts resulting to personal injury are considered tortious acts or civil offenses. Under the laws of the United States, the tortfeasor, that is the person or party that caused the injury, is legally required to compensate the victim for all the damages resulting from the injury.

There are extreme cases, however, when the effect of a negligent act is much more damaging than a severe injury, namely, wrongful or untimely death. In the event of death a representative, who would act on behalf of the victim’s survivors (legally identified as “real parties in interest”), can file a lawsuit called a wrongful death claim.

Wrongful death is the unexpected loss of someone’s life either because of another person’s negligence or willful misconduct. It does not only leave a family grieving over the loss of one of its beloved members, it may also throw them into a situation wherein they will be made to suffer financial difficulties, especially if the victim is the breadwinner in the family. This is why dependents or the surviving family members of the deceased have the legal capacity to seek justice and compensation (through a civil lawsuit) from the reckless or negligent party who is liable for their devastating loss.

A wrongful death claim or lawsuit is a special type of personal injury lawsuit that is filed for the purpose of seeking compensation for all the financial damages the dependents are (and will be) made to suffer. Though states may actually differ in what factors and elements are considered regarding who the “real parties in interest” may be or what may be considered as compensable, some of the commonly accepted coverage of the compensation includes medical and funeral expenses, loss of financial support, loss of the decedent’s services, and lost possibility of inheritance.

The identities of the real parties in interest vary from one state to another. They may refer to:

  • the deceased victim’s immediate family, which includes the spouse, child/children and/or adopted children;
    parents (if the victim was unmarried);
  • distant family members, like brothers and sisters, and grandparents;
  • those directly financially affected by the victim’s death due to the cessation of the victim’s care or support;
  • the deceased victim’s (financial) dependents, life partner or putative spouse (a person who sincerely believes that he/she and the deceased were married); and,
  • parents of a deceased fetus (while there are states that consider as real parties in interest only the parents of child already born, there are those, on the other hand, that consider the fetus’ death a basis for a wrongful death claim).

A wrongful death lawsuit is not a simple procedure and even if the liable party were willing to settle with the victim’s survivors, the amount of compensation given is often not a just amount. In this type of legal procedure, it is highly necessary that the deceased victim’s survivors are represented by an able lawyer, whose expertise, experience and dedication are unquestionable.

For more helpful information regarding a wrongful death lawsuit, like who can file it, who can be held liable, and what it should cover, you can click here:

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