A wrongful death lawsuit can be filed against an organization, the government, a person, business or other entity that caused a death through negligence or intent. This is a lawsuit that can be filed through those surviving the deceased person, such as their spouse, family members or other affected parties. These individuals are referred to as the estate and often represented through their own lawyer or attorney that specializes in wrongful death lawsuits.
What Does a Wrongful Death Case Look Like?
The wrongful death case is a case when a person dies because of the intentional harmful act of another or the negligence by the defendant in the case. There can be many different scenarios that come into the court system as wrongful deaths.
• When an intentional murder happened and one person is being sued for causing the death of another
• Death from medical malpractice. This happens when a wrong diagnosis is given, careless operation or treatment was performed or there was negligent patient care
• Death from a car accident when the victim dies due to the injuries sustained during the accident
When it comes to wrongful death, it can occur in any case where there was a harmful act or negligence that occurred in the death of the person. However, this does not count for workplace deaths, since this is commonly taken care of through the workplace compensation lawsuits.
How is a Wrongful Death Case Proven?
The person filing the case has to show proof that the deceased individual would have lived if it wasn’t for the actions or negligence that was shown by the defendant in the case. It has to be shown that the defendant had the intent to harm the patient, or that there was negligence on their behalf on the care of the patient.
Filing a Wrongful Death Suit
A wrongful death suit is filed through the survivors of the deceased. They have to find an attorney that is able to work with them to file the claims and obtain the necessary documentation and evidence supporting their claims. Depending on where the suit is filed, certain people can file for a wrongful death claim of the deceased.
Careful examination of the facts and evidence is needed to show that the deceased was in fact, a victim of negligence or wrongful death in the case of the defendant. This is why it is important to seek legal counsel when filing a wrongful death claim.