Who You Can Sue in Case of Wrongful Death?

Anton Nickloi    Wrongful Death    

The legal definition of wrongful death is death due to the careless conduct of someone else. However, this particular offense is not a criminal offense according to the legal system and may not be treated as manslaughter, murder or homicide. Therefore, the penalty in this case is less severe than that of a murder. According to US state law, the responsible party has to pay compensation for the loss.

If someone close to you has been a victim of this offense and died due to someone else’s careless conduct, you may receive compensation for the loss you have sustained. However, you should know whether you have the right to sue for wrongful death or not as the law regarding wrongful death varies from state to state. The common law allows the immediate family (parent, spouse, children) to sue the responsible party.

An experienced Miami wrongful death attorney will be able to guide you in this situation. He/she is familiar with this area of law. Therefore, it will be easier for your attorney to gather evidence and build a lawsuit on your behalf.

However, there is one aspect of law known as family immunity doctrine, which prevents you from suing someone of your own family. This means, if your father dies due to the careless conduct of your mother, you do not have the right to sue her for compensation.

Requirements to Pursue a Wrongful Death Civil Lawsuit

Anton Nickloi    Wrongful Death    

In the aftermath of losing a loved one due to a sudden and tragic accident, a bereaved family may be unsure of the possible legal action that can be taken so that justice can be served in light of their loss. Many people in such situations have little prior knowledge about the requirements for a wrongful death lawsuit since they’ve never been in that type of situation. A wrongful death lawyer Corpus Christi offers the following basic information to help you understand the four basic aspects that must exist in order for a wrongful death lawsuit to have merit.

• The person that has died, also known as the decedent, must have died due to an accident caused in whole or in part by the action or inaction of another person or entity.
• The liable party or parties must have been acting negligently in some way, in which they can be proven to have violated their legal duty toward the decedent.
• The decedent must have a surviving family member or a beneficiary who can pursue legal action on their behalf.
• The decedent or the decedent’s family or beneficiaries must have incurred some type of financial loss as a result of the death. This financial loss is known as damages.

If any of these characteristics do not exist, a wrongful death case likely does not have merit. However, if you believe that your loved one’s fatal accident may have been caused by the negligent behavior of another person or entity, but are unsure if financial loss happened or if the liable party was negligent, consider contacting an experienced wrongful death attorney who can apprise you of the possible merit of your wrongful death lawsuit. In some instances, financial loss may have occurred that the decedent’s family does not know about. For example, damages for pain and suffering and loss of future wages are common types of damages that can be sought in wrongful death cases.

It should also be noted that a wrongful death civil lawsuit can be pursued regardless of any criminal charges that a plaintiff may also be facing. For example, a distracted driver that strikes and kills a pedestrian will likely not be pressed with criminal charges. However, the pedestrian’s family can seek to have justice served through a wrongful death lawsuit against that driver. On the other hand, if that same driver happened to have been drunk and then caused a fatal drunk driving pedestrian accident, the driver would likely be pressed with criminal charges. In such an event, the pedestrian’s family could still seek justice for their loss through a wrongful death civil lawsuit.

Seeking legal action against a negligent party in the aftermath of losing a loved one is an important step to take for two reasons: compensation and justice. The compensation possibly received through a successful conclusion to a wrongful death lawsuit can help with your loved one’s medical bills prior to death, funeral expenses, lost future wages, and compensation for your own pain and suffering as a result of your loss. The justice sought through a wrongful death lawsuit is just as important so that a liable party’s negligent behavior is punished in the hope that their continued negligent behavior abates and does not have to cause further loss of life.

Seeking Compensation for Loss of Future Earnings in a Wrongful Death Claim

Anton Nickloi    Wrongful Death    

Loss of future earnings in a wrongful death claim is one particular types of damages that can be sought by a plaintiff against a defendant. Many plaintiffs may be unaware, or not fully understand, what this concept means, but Midland wrongful death lawyer Michael Grossman offers the following information to help elucidate the term, as well as why it’s important to any wrongful death claim that this particular type of damages is sought by a plaintiff.

If your loved one died as a result of someone else’s negligence, their loss of future earnings equals the amount of money they would have made over the course of the rest of their workable years had they not suffered a fatal accident. For example, if a construction worker made $40,000 a year and died at the age of 30 due to another party’s negligent behavior, it’s likely that he would have been able to work until the age of 65, or for another 35 years. As such, the base number for this particular worker’s loss of future earnings would be 1.4 million dollars, or $40,000 times 35 years. However, this number does not take into account the likely raises or promotions that this construction worker would have likely obtained over the course of those 35 years. An experienced Tyler wrongful death attorney ought to be able to calculate their loss of future earnings to include those likely raises.

Furthermore, other factors may have to be included in how loss of future earnings is calculated. For example, if a medical student is working as a server in a restaurant when she dies, it could be argued that her loss of future earnings should be based on her likely salary as a doctor instead of her salary as a server. Again, an experienced legal professional will look at all of the circumstances surrounding your loved one’s passing in order to ensure that their loss of future earnings is properly calculated.

Correctly assessing loss of future earnings in a wrongful death claim is important because your financial future, as well as that of your family’s, may be on the line. This can be especially true in the event that the family member that wrongfully died was the sole bread-winner for the family. As such, it’s important to enlist the help of a competent wrongful death attorney so that the damages of loss of future earnings can be faithfully calculated in order for the family members left behind to be able to provide for themselves, both through the loss and beyond.

The Difference Between Standard Negligence and Gross Negligence in a Wrongful Death Lawsuit

Anton Nickloi    Wrongful Death    

Dallas wrongful death lawyer Michael Grossman has twenty years of experience in litigating wrongful death lawsuits against negligent employers. In every wrongful death case, correctly defining the type of negligence that allowed for your loved one to die is an important and foundational issue that is often a key point debated by the defense in order to have your case dismissed or your compensation package severely lessened. In order to make you more aware of the differences between standard negligence and gross negligence, Dallas wrongful death lawyer Michael Grossman offers the following information.

Standard negligence is what you likely assume it is: a momentary lapse in judgment or concentration that allows for an accident to happen. Standard negligence is likely to blame for a majority of car accidents, such as when a driver runs a stop sign, or causes a fender-bender because they were texting. Gross negligence differs in that the person responsible for the accident had to have known the risks posed by their actions (or inaction) before they proceeded to take the action resulting in an accident. In other words, the defendant was fully aware before the accident that their actions (or inaction) would result in an accident causing injury or death. A common example of gross negligence occurs when a drunk driver decides to drive. They are well aware that their behaviors could cause immense amounts of pain and loss prior to getting into a car and driving.

Proving a defendant guilty of standard negligence or gross negligence is often vital to a case because it can greatly affect the case’s outcome. For example, in Texas, an employer that does not subscribe to workers compensation only has to prove that their injured or deceased employee showed standard negligence in their accident in order to acquit themselves of any of their own negligent behaviors in their worker’s injury or death. On the other hand, plaintiffs seeking compensation against an employer that is covered by workers compensation must prove that the employer was guilty of gross negligence, such as allowing their now-deceased relative to work at great heights without proper safety equipment despite repeated warnings that such equipment was necessary. Proving gross negligence can be quite challenging since the plaintiff’s case must be very strong.

Negligence is a matter up for debate in every wrongful death lawsuit, so knowing the difference between standard negligence and gross negligence can help you ask better informed questions regarding your wrongful death lawsuit, regardless of your state of residence. Get in touch with Overchuck law firm to hire an experienced Orlando Wrongful Death Attorney. For 35 years John Overchuck has represented clients injured by defective and dangerous products, and many types of negligent conduct.

How can a Wrongful Death Attorney help?

Anton Nickloi    Wrongful Death    

A wrongful death is explained in the legal parlance as a death that occurs as a result of negligence on part of a company or an individual. It may occur as the result of an accident or medical negligence. Action against a wrongful death can be taken by the immediate family members of the deceased in compliance with the state statute of which the victim was a resident.

The punitive measures adopted in each of the US states are different. For example, the Wrongful Death Act for the State of Florida is enumerated in Sections 768.16-768.26 of the state statutes. The legislation was made effective in order to pass on the responsibility of the losses arising out of a wrongful death to the individual who is found guilty of the same. A wrongful death suit can be filed in cases where there has been a death of an individual as a result of carelessness on part of another individual or company. The family members can file a claim in cases where the family was dependent on the deceased.

A wrongful death claim is different from a regular negligence lawsuit. You may not be aware of the legalities involved in a wrongful death case and it is therefore advisable to solicit help from a wrongful death attorney. Such an accidental death always comes as a rude shock to the near and dear ones of the victim. The attorney will lend a patient ear to your grievances and also look into the intricacies of the case. They will not only ensure that justice is meted out but also look into other aspects such as insurance. After the case is filed in a court of law, the designated jury examines the available evidence and then passes its verdict. An established attorney would thus be able to guide you through the legal proceedings.

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If you are having any case related to a wrongful death in Tampa, then please contact immediatly with a knowledgeable Tampa wrongful death attorney.