What Qualifies as a Wrongful Death, and What Can You Do About It?
What Qualifies as a Wrongful Death, and What Can You Do About It?
Losing a loved one is always a difficult experience, but it can be even more devastating when that loss could have been prevented. In cases where someone's negligence or intentional actions lead to the death of another person, it may qualify as a wrongful death. Understanding what qualifies as a wrongful death and what steps you can take in response is crucial in seeking justice for your loved one. In this blog post, we will explore the criteria for wrongful death claims and discuss what you can do if you believe your loved one's death was the result of someone else's wrongdoing.Legal Definition of Wrongful DeathWrongful death is a legal term used to describe a situation where someone dies as a result of another party's negligent or intentional actions. This can include car accidents caused by reckless driving, medical malpractice leading to patient deaths, or even criminal acts such as homicide. Cases like these are quite similar to personal injury cases, with the key difference being the case is brought forward by the victim's estate rather than the victim themselves. To pursue a wrongful death claim, certain criteria must be met, including proving that the defendant's actions directly caused the victim's death.Who Can File a Wrongful Death ClaimIn most jurisdictions, only certain individuals are eligible to file a wrongful death claim on behalf of the deceased person, and who those individuals are can vary from state to state. Typically, immediate family members such as spouses, children, and parents have the right to bring forth a wrongful death lawsuit. However, some states also allow extended family members or dependents to file claims under specific circumstances, such as when the victim had no spouse, children, or living parents who could step in. If you’re unsure if you qualify, consulting with experienced personal injury attorneys can help determine who has standing to file a wrongful death claim in your particular case.Damages Available in Wrongful Death Cases
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About Kara Masterson
Kara Masterson is a freelance writer from West Jordan, Utah. She graduated from the University of Utah and can be found on Facebook and Twitter.