A wrongful death situation usually happens because of the negligence of another party. The negligence of a specific party, that led to someone’s death, can be pursued as a wrongful death lawsuit. . A wrongful death can occur in construction accidents, medical malpractice, vehicular accidents, police brutality and product liability cases. The representative must prove that the defendant acted negligently. The negligence must also be proven to have caused the persons’ death. If there was an issue at a work site that was brought to the manage or site owner, they will be liable if they do not fix that issue.
A wrongful death claim can be a complicated process and will require the help of a personal injury law firm. The right wrongful death law firm will have experience in handling these cases as well as a great track record of victories. There needs to be proof there is a “preordinance of evidence” or that the victim died as a result of the negligence of another party. If you are considering a wrongful death lawsuit, it must be filed within two years of the victim’s date of death. A significant factor in calculating damages, is the age and life expectancy of the victim when the fatal accident occurred. This is mainly in reference to lost wages. In New York State, a child, parent, spouse or personal representative for the estate of the victim, can file a wrongful death lawsuit.
Damages can be recovered, such as any expenses for the cost of medical, nursing care prior to death, and even funeral expenses. The survivors may be able to recover the value of support and services. Children of the deceased party can recover for loss of parental nurturing, guidance and education. If you are a survivor of someone whose death was caused by another person, you should document your claim and start the process of probating the deceased’s estate. This involves a court-supervised process of authenticating a last will and testament if the deceased made one. Just remember, your time to sue is limited and you should contact an experienced attorney to help with you with your wrongful death law suit.
If that act of negligence lead to a worker’s death, the liable party most likely will not be victorious. There are two elements of damages that can be recovered in a wrongful death lawsuit, economic loss and the pain and suffering of the deceased. However, the survivors cannot recover for their pain and suffering.