If you have a loved one who recently died as the result of someone else’s negligence, you may be wondering if you should continue to grieve their passing and move on or if filing a wrongful death lawsuit is the right thing to do. Some people, while well-intentioned, may state that bringing a legal battle forward is living in the past and will not help you to move on from your loved one’s death. However, there are many reasons why a wrongful death suit might be precisely the right thing for you to focus your time on right now. Especially if your loved one would have filed a personal injury lawsuit at the time they were still alive, you may have what you need for a wrongful death lawsuit.
My loved one was planning to file a personal injury lawsuit for the injuries they suffered from. Does this mean that I can successfully file a wrongful death claim?
The biggest thing you will need to prove is that this wrongful death claim is related to the injuries they suffered from before they died. For example, if your loved one was injured in a slip and fall accident and suffered from minor injuries (that would not have caused their death) but then they died later in a car accident, you would not be filing a wrongful death claim for the injuries they had due to the slip and fall. An attorney, like a wrongful death lawyer from a law firm like David & Philpot P.L., could tell you that your loved one would need to have passed from the injuries caused by someone else’s negligence.
Is a wrongful death case the same as bringing criminal charges against someone else?
These are not the same. A wrongful death claim is a civil case and this is used when someone is fighting for compensation after a loved one dies. This can help with monetary damages like funeral expenses or medical bills. Criminal convictions, however, are used to punish the defendant and can result in probation or prison time.
Are all wrongful death cases usually similar?
While there may be similarities in different wrongful death cases, they will be different depending on the state you are in and even who the victim was. For example, if a child or elderly person was the victim in this case, the person seeking compensation would likely not get a high damage award.
A local attorney can help answer more questions if you are interested in filing a wrongful death lawsuit.