Death due to negligence or unjustified death is a sudden, unexpected, and tremendously difficult loss. An emotional burden is added to the emotional trauma. A negligence death claim can get the money needed to cover expenses and try to compensate survivors for the loss of that loved one.
What is a Wrongful Death or Negligence Death Claim
A wrongful death lawsuit is a lawsuit or civil action when the victim dies due to the negligence of another with the objective of obtaining compensation for damages. It is very similar to a criminal claim but less strict with respect to the standard of proof. (If you want to know more about this topic, read our article )
The statutes of wrongful death or negligent death of determines the times before which such lawsuits can be initiated. As of today, in all country this period is 2 years. A lawyer who specializes in death due to negligence will help you navigate the law and defend your rights.
Therefore, the first step before filing a lawsuit against a person or company that is believed responsible for the death of your loved one, is to choose a competent lawyer to handle the case, with which you can have a solid working relationship.
Who Can Initiate A Death Claim Due To Malpractice?
The wrongful death lawsuit is designed to provide compensation to family members who depend on the deceased person for financial support.
Who Can Be Compensated for Someone’s Wrongful Death
Only certain people have the right to be compensated for the loss of a loved one due to negligence or an intentional act. These are the people who have suffered a loss for the unjust death of the deceased.
What Can Be Claimed As Wrongful Death Damage
Determining the value of a wrongful death claim is complicated. It involves assessing the nature and extent of the injury that led to the death of the person, recoverable economic losses and determining the responsibility of those related to the situation. The court where the trial will take place and the person’s health and age also influence the assessment of compensation for a negligence death claim.
These claims can cover medical and funeral expenses, lost wages of the deceased, the value and services provided to survivors, interest generated by compensation from the time of death, among others. Depending on the circumstances, a lawsuit may also be filed for punitive damages.
Since insurance companies have vast experience in assessing claims for wrongful death and will seek to obtain the lowest possible agreement, it is important to have a lawyer with experience in fighting with insurers. In general, it is better to hire a lawyer who regularly handles claims for wrongful death and will be prepared to initiate litigation on your behalf if the insurance company is not willing to resolve your claim for a fair and reasonable value.
If you have suffered the loss of a loved one in a case of death due to negligence, we are very sorry for the loss you have suffered and that has taken you to this part of our website. The law firm of Owen Patterson and Owen are experienced Santa Clarita wrongful death attorneys with million dollar results. Get engaged with a expert to schedule a meeting to discuss your wrongful death case and wrongful death attorneys.
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[…] them for good. However, it is even more heartbreaking to know their deaths could have been avoided. Wrongful death accidents are not uncommon in today�s time and those that fall victim can experience emotional and […]