If you have a loved one who has died recently in an accident, you may be contemplating a lawsuit. This type of lawsuit is known as wrongful death, and if you can prove this in court, you may be entitled to compensation for the death. However, there are many aspects of a wrongful death case that you should be aware of. The following are just a few of them.
You have to establish it was a wrongful death
On the most fundamental level, a wrongful death occurs because of the negligence of another. In other words, if it were not for the action or inaction of another, your loved one would still be alive. However, this can become complex, so you need to consult with an attorney. For example, in the case of a business, an employee may be doing his or her job, but this resulted in the death of another. This may not have been the fault of the employee, but it was the fault of the company's policy or the way the employee was taught to do the job. It can also be the case that an employee was diligent, but there was a lack of safeguards in place.
You need to have legal standing
Even when there is a strong case for negligence, the person bringing the lawsuit needs to have legal standing to do so. This can be confusing, so again, you need to speak to an attorney. Clearly, a surviving spouse can sue, as well as the parents of a child who has died. After this, it will often depend upon the state the accident occurred in. Grown siblings, along with grandparents can sometimes sue, but in general, it is easier for the closest family members to bring a wrongful death lawsuit.
You need to demonstrate an economic harm
Even if you have legal standing to sue, you will need to demonstrate a form of harm that has come to you. Most common is the loss of economic support that your loved one would have provided had he or she lived. But there is also the issue of medical expenses before your loved one died and funeral costs after his or her death. The issue of pain and suffering is one that can also be a big factor, especially when the death of your loved one also means a loss of companionship.
Wrongful death law can be complicated. It must first be shown that the death of your loved one can be legally categorized as a wrongful death. Along with this, you will have to show that you have standing to bring this lawsuit. In addition, there must be an economic hardship from this death. If you are in this situation, you need to consult with a wrongful death attorney.
