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Wrongful Death

Pursuing a Wrongful Death Claim After the Death of a Loved One

“Wrongful death” is the legal term for fatal incidents that could and should have been prevented. The context in which wrongful deaths occur varies widely, but usually involves some sort of negligence on the part of the defendant.

If a family member was the victim of wrongful death, you may be entitled to legal compensation under the various legal statutes in your state.

What Is the Legal Definition of Wrongful Death?

What legally constitutes wrongful death varies from country to country and even from state to state. Therefore, if you are considering pursuing legal remedies for the death of a loved one, hiring an experienced attorney familiar with the local laws is usually necessary.

The legal realm associated with wrongful death claims is known as tort law, a component of civil law. It’s important to remember that civil law differs from criminal law in that the defendant, if found guilty, is not subject to criminal penalties like jail time but rather financial penalties in the form of payouts to the victim or, in the case of wrongful death, to the victim’s family.

How Do You Know if You Have a Viable Wrongful Death Claim?

Many families of wrongful death victims have an array of questions about their case, including whether it is viable and what, if any, financial compensation they can expect to receive from the court in the form of judgments or settlements.

Because each jurisdiction has its own laws, similar to each other but different in critical ways, and because each case presents a unique set of facts to consider, the only way to determine for sure whether your case stands to succeed in court is to consult an personal injury lawyer who specializes in tort law. They will help you ascertain if you have a promising case, and if you do, they will help you pursue it by guiding you through the process and arguing the case for you.

Who Is Entitled to Wrongful Death Judgments?

Wrongful death suits arise from a variety of circumstances. The only legal criteria for wrongful death, depending on the jurisdiction, is that the death could have been prevented by the defendant but was not due to negligence or other factors under their control.

What Are Examples of Types Wrongful Death Claims?

Examples of common wrongful death claims include vehicle accidents in which the plaintiff caused the death of the defendant due to careless driving or impairment, medical malpractice (botched surgery, hospital infections due to unsanitary conditions), and defective consumer products among other things. Because there is such a wide range of types of personal injury and wrongful death claims, look for an attorney who has dealt with your kind of case before.

Contact an experienced attorney to explore the legal options in your loved one’s wrongful death case. You may discover that you are legally entitled to financial compensation. Also, holding the defendant responsible for their actions or inactions may help prevent similar tragedies from happening in the future.

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