When an incident resulted to the demise of the victim, and if the incident was caused by another person or a product produced by a certain company, then the family of the victim or other survivors of the incident can file for a wrongful death claim with the help of a wrongful death lawyer. This lawsuit will fight for compensation for the loss of a loved one, not just for the emotional pain it has caused, but also by the fact that the now dead person can no longer provide for the people left alive, like his or her wage. Winning the lawsuit will account for the funeral expenses and other monetary needs that have to be faced because of the incident.
Basically, when someone dies due to the legal fault of another individual, there is a right for a lawsuit. While this law differs from place to place, it is known that each place has a type of law that is being practiced.
Some of the incidents that involve this kind of lawsuit are automobile accidents, medical malpractice, and product liability. This lawsuit can be filed to a person, a company, and even to a government agency, that is deemed at fault for either intentionally committing the act or for their negligence or failure to act.
Who Can Sue?
Representatives of the victim, or representative of the survivors or family of the victim, can be legally authorized to the wrongful death claim. Families or survivors are often termed or called as “real parties in interest” and they can be categorized under this if they are:
- Immediate family members
- This includes the spouses and children (adopted included), and for cases where the victim is unmarried, his/her parents
- Life partners/ financial dependents/acknowledged spouses
- The domestic partner of the victim who are basically their financial dependents, can have the right to file
- Distant family members
- This includes the brothers or sisters of the deceased, as well as the grandparents, and all other blood-related people who are in custody or care of the victim or are the only immediate family available
- All persons who will financially suffer from the loss
- While this may not be true for all countries, there are places that do allow people who will be financially burdened by the loss, to file a lawsuit, even when they are not related in blood or in marriage, as long as they have been given financial support by the victim and that the loss will also impede in their financial state, they could file and hopefully get enough compensation to appease for their needs
Who Should Be Sued?
The person or company deemed to be at fault, can be sued. It is necessary to understand what happened during the time of the accident. Here, the police reports can be very useful for the lawyers that would handle the case. The reports can help determine to what extent the person or companies knew about the danger that their intentions or negligence could cause. If the incident was intentional, it would be fairly easy to pin them and have them pay the necessary compensations since there will be no questioning their intentions. However, if the act is due to negligence, a longer process might be in place. However, as long as your lawyer gets adequate facts and data to support the claim, then the lawsuit will eventually come to benefit the survivors and the family of the victim.
Depending on the nature of the incident, there are numerous possibilities of who or what company can be sued. For instance, if the unfortunate circumstance was caused by a road accident involving a faulty roadway with a drunk driver, then, both the drunk driver and the people behind the construction of the roadway, can be sued. If it was found out that there was also a fault in the engine of the car, then the company that produced that car could also be sued as well, even if the victim is in no way in connection to the car company.
There will be cases when people or companies have immunities against wrongful death claims. This is the reason why expert lawyers in the field should be hired in order not to get fooled by the people responsible for the loss of a loved one.
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