Wrongful Death Claims in Personal Injury Cases

 
The death of a loved one in an accident or under the care of health care professionals is devastating to say the least. If the death was as a result of negligence or a breach of standard care, then the law provides that you can file a wrongful death claim. This allows for the party liable for the death to be held responsible. Wrongful death claims are complicated. You need the expert help of a wrongful death or personal injury lawyer to advice you on how to go about it.

Understanding Wrongful Death Claims

A wrongful death applies when a victim dies as a result of intentional harm or negligence of the defendant. For the defendant to be held liable, the personal injury lawyer must first prove duty of care and then show how this care was breached. In addition to this, the personal injury lawyer must demonstrate that the breach is what resulted in the death of the victim.

There are several situations when a wrongful death can occur. A victim may die due to medical malpractice. This may happen when the doctor fails to properly diagnose a condition. His actions may have led to the administration of the wrong treatment resulting in death. Car accidents as a result of negligence can also lead to fatalities. In such a case, the surviving family can file a wrongful death claim. A death claim arising from a work related injury is normally handled separately.

Wrongful death damages

If the court ascertains that indeed the defendant’s actions resulted in death, the courts then awards wrongful death damages. The personal injury attorney can help the client to receive compensation including:

• Pre-death pain and suffering
• Funeral and burial expenses
• Loss of inheritance due to death
• Medical expenses incurred by the deceased prior to death
• Loss of personal income
• Loss of care, nurturing and guidance to the surviving family.
• Loss of consortium
• Loss of companionship and love
• Loss of any services that the deceased was providing

The need for a personal injury lawyer

Gathering the medical evidence and witnesses needed to file a wrongful death claim can be a long process. On your own, you may not have the expertise or man power needed. This is why it is best to let a personal injury lawyer handle your case. These lawyers have a wide network that can benefit you in such cases. Wrongful death claims often involve rigorous court cases. It is best to hire a lawyer who specializes in such claims.

Knowledge of the law and experience is crucial in such cases. A personal injury lawyer or a wrongful death attorney can help you with the claim as you mourn and take time to heal. This gives you much needed peace of mind. The Claim Accident website may be able to provide you with more information.

Back to home