Wrongful Negligence Requires Family Compensation

Law Guides on 18 Jan , 2015

spacer The death of a loved one is very painful and coping with the whole occurrence can be very trying and challenging. The coping process is however even worse when the death of the loved one is caused by the negligence or wrong dong of another party. In such occasions, you have the right to file a wrongful death lawsuit in order to receive the closure and the compensation that you and your family deserve and are entitled to. You may be reading this and do not have the slightest clue as to how wrongful deaths occur. Well, read on to learn more on this.

For starters, wrongful death occurs when one is killed due to the misconduct or the negligence of another person. The people who were dependent or were beneficiaries are most often than not entitled to financial compensation for the damage caused. While American states have put in writing statutes that ensure hospitals, companies as well as doctors act responsibly and carefully in their professional duties, wrongful deaths still occur. Situations in which they may occur are such as Anesthesia malpractice- where anesthesiologists act carelessly and give a wrong dosage of a fatal drug. Also in vehicle accidents. Automobile companies are held accountable for incorporating defective products in their vehicles while companies that use trucks are held responsible for accidents involving their trucks if their employees are negligent. 

Each state in the US allows immediate family members who are to benefit from the deceased to file a lawsuit for wrongful death. However, there are some factors that the courts consider before they state the amount of compensation to be issued. The factors are such as the savings of the deceased, the extent to which the surviving parties were dependent on the deceased, expenses incurred by the survivors on funeral and medical costs, loss of companionship as well as the amount of money the deceased earned. It is worth noting that no amount of compensation offered can compensate for the loss. However it brings comfort and closure to be financially stable as well as know that the parties responsible have been brought to justice.

The laws that govern the wrongful death cases are complex and tend to vary by state. And while it may not seem urgent to file a wrongful death claim while grieving, it is important to note that there is a specific amount of time provided to file the claim after which you risk losing your right to be compensated. For this, you will need the help of an experienced wrongful death lawyer who will guide you through the whole process and help you get your compensation.

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