When a person dies or is killed through the negligence or misconduct of a different person, the surviving members of the family of the dead person can bring an action for wrongful death. Number of wrongful death claims are filed after criminal prosecutions. Wrongful death actions are legal actions that are pursued in civil courts, as are all personal injury cases. They employ the same kind of evidence as that in crime cases, but they require a lower degree of proof.

Who Is Entitled to File Wrongful Death Cases?

Typically, the action for wrongful death can be initiated only by the personal representative of the deceased individual. The personal representative might be a surviving family member, a surviving spouse, or another person altogether. Each state has a civil wrongful death code or series of codes that define the wrongful death actions…

• Pain and suffering of a warnings/Figurative level

• Losses that were likely to be paid had the decedent died a natural death but for some other cause, such as: Medical expenses

The damages recovered in these actions are part of the estate. It may be transferred to other recipients as other testator stated in his or her will.

Aspects of a Trial for Wrongful Death

To bring a successful wrongful death cause of action, the following elements must be present:

• Duty: It lays down a principle that there is a legal duty owed by the defendant to exercise reasonable care towards a foreseeable plaintiff.

• Breach of Duty: somebody else’s conduct or failure to act led to a breach

• Causation: the death must be one that can be attributed to a breach of duty and was reasonably obvious that it would cause death.

• Damages: the plaintiff must prove actual loss occasioned by the death; there are certain categories of damage as defined under the statue in a wrongful death action

• Death caused by medical maladministration

• Having been involved in a car or an airplane crash

• Risk associated with being employed in a given place and exposed to certain risks such as exposure to certain risks.

• Death while under supervision

• Death during a supervised activity

A wrongful death claim has its statute of limitations that you must adhere to when filing your case.

The Statute of The Limitation

However, differs with the state of the United States of America. Sometimes you can file a late claim to exercise the right of action; this is where the cause of action was not known earlier.

Wrongful Death Lawsuit: Damages Monetary, or pecuniary, loss is the kind of harm most commonly awarded in a wrongful death suit.

A possibility of an inheritance was lost

Medical And Funeral Expenses

Many statutes say that the damages to be paid for wrongful death should be adequate compensation for pecuniary losses flowing from the death of the deceased. Once it has been awarded, various losses that can be recovered include burial expenses and expenses from treatment by health care givers. It will also mean that a damages award will attract pre-judgement interest from the date of the decedent’s death.

Hire A Wrongful Death Lawyer or Not

You may be sure of taking legal action after the death of your family member, then you should first consult a competent lawyer to take time to look at the case you have in terms of its feasibility and possible outcomes. Actions for wrongful death involve proving negligence which led to the death, and quantifying categories of damages. An injury lawyer will have the experience to put your best case against the defendant, and the know-how on making sure you get the best outcome. They will also have a network of trusted expert, financial and professionals.