If you lose someone, your life is on hold, and unexpectedly it is devastating, and any process that involves attorney is probably the last thing on your mind. However, if the death of your loved one was the result of another’s negligence, you deserve to be compensated. Hiring a wrongful death lawyer is necessary.

You need to realize that any law firm is going to tell you that hiring an attorney is in your best interest. Try to take a moment and consider the following tips shortly. If you’re asking yourself, when is the right time for Wrongful Death Attorney, some situations outlined below will help you find experienced Personal Injury Lawyer:

Motor Vehicle Accidents

If you lose someone you love due to a motor vehicle collision; whether it is a truck, motorcycle or a car, you will need the help of a wrongful death attorney when filing a lawsuit. A vehicle accident caused by drunk, reckless, or negligent drivers is one of the leading causes of wrongful death across the Arizona and United States.

Medical Malpractice

Some cases point out that misdiagnosis, surgery error, failure to diagnose or treatment can occur due to medical malpractice. It is impossible to file a lawsuit against the medical professional or organization that caused wrongful death, if you don’t have the legal help and experienced attorney.

Pharmaceutical Drug Error

If a drug company fails to disclose or cover up any potentially harmful side effects that are associated with their drug a wrongful death can occur. Example- Widowed spouse of Chris Cornell is suing the doctor who prescribes him Ativan as she describes can lead to irrational thoughts. Ativan is a brand name for Lorazepam, a type of benzodiazepine which is used to cure anxiety and panic disorder symptoms.

Defective Products

A crib could have bars that are too far apart and pose a treat to an infant. Countless products are defectively designed, or even market and can lead to wrongful death.

Compensation and Damages

If the case works out in your favor, you can expect to receive some financial compensation and reimbursement for injuries that you and your loved ones have suffered.

One way to calculate the proper compensation is to determine the value of future income of the lost person, and the amount of that person’s companionship to you regarding money. Of course, no financial payment can compensate for harm or death.  But compensation and damages can make up for some financial losses and factors such as pain and suffering, and it sends a message to all that people’s lives have value and deserve protection.

Some people out there who are injured or killed through no fault of their own- each is a terrible loss. Unfortunately, wrongdoers are often not willing to admit their error. Insurance companies are in the business of making money by paying as little as they can to get away with – not by automatically paying the victim the full amount of damages owed under the law.

 

Losing a loved one is a trying and difficult reality that many of us will face as sometime in our lifetime. Not only is it an emotional burden but deaths, especially unexpected ones, can be financially cumbersome. If you believe that someone else is at fault for the death of family member then you may have grounds to file a wrongful death lawsuit.

Wrongful Death Definition

Wrongful death claims are made when a defendant has allegedly caused someone’s death either negligently or through intentional harm. Wrongful death is a civil action that allows the estate of the deceased person to file a lawsuit against the party that is liable for the death. The suit is typically filed by an attorney on behalf of the surviving family members and other affected parties.

What Kind of Deaths Do Wrongful Death Lawsuits Include?

A good way to think of when a wrongful death claim is applicable is to ask, “Would the victim have filed a personal injury claim had they survived the offending incident?” This can come in a wide variety of forms including when,

The victim was intentionally killed

Murder is a criminal trial, but you can still seek financial compensation for the death of a loved one despite the outcome of a criminal trial. For example, OJ Simpson was acquitted in a criminal child for the murders of Nicole Brown and Ronald Goldman, however he was still found liable in a civil wrongful death case. The case was based on an intentional act.

Medical Malpractice

If a doctor fails to diagnose a condition or if a doctor is careless to the level of incompetence then they may be open to a wrongful death lawsuit. Common examples include doctors being under the influence of drugs/alcohol, and doctors dismissing patients without giving a thorough examination.

Car Accidents involving Negligence

If a victim dies as a result of a car accident injuries, a wrongful death claim may be brought to the courts. The driver might be deemed negligent if they were intoxicated, texting or simply not paying attention while behind the wheel of the car.

How to Prove Wrongful Death

wrongful death lawsuitIn order to determine a defendant liable in a wrongful death claim, the plaintiffs must meet the same burden of proof that the victim would have to had they survived the incident. Using negligence as an example, the plaintiffs would have to show that the defendant owed the victim a duty of care, that the defendant breached this duty and, finally, that the breach of duty was the direct and proximate cause of death. The judge will then determine the compensatory damages caused by the death of a loved one.