Posted on behalf of Henness & Haight on Jan 28, 2015 in Wrongful Death News
Losing a family member to an accident is devastating. The loss is sudden and unexpected, and the shock can be almost more than you can bear. The really unfortunate thing about it, however, is that insurance companies are often unwilling to give you the time you need to mourn and grieve. They pressure you to sign off on documents that may absolve another party of responsibility for the injury that led to the death. This is why it is important to seek representation when a wrongful death case may be in play.
The idea of wrongful death comes into play when the negligence or actions of a person or company results in the death of another. In this case, the surviving family members and/or personal representative of the deceased's estate can sue the responsible parties to recover damages related to the death. Wrongful death suits, as civil cases, may be filed even if the other party was not found criminally liable for the event that lead to the death.
Typically the heirs and a personal representative of the deceased's estate may bring a wrongful death suit. However, each state has their own set of statutes defining how wrongful death suits proceed. These statues outline the process of bringing a suit, the claims which can be asserted and the compensation that the deceased's family may be entitled to recover.
There are four elements that come into play that allow for the filing of a wrongful death lawsuit. These include 1. A human being must die; 2. This death must be caused by the actions or negligence of another person or entity; 3. Family members who survive the deceased suffer monetary injury and difficulties as a result of the death; and 4. A personal representative may be appointed for the estate if certain damages are sought.
There are also many different situations that can lead to a wrongful death suit. Some of these include (but are not limited to): · Medical malpractice that leads to the death of a person; · Airplane, automobile or other vehicle accidents leading to death; · Death from work-related exposure to hazardous substances or conditions; and/or · Criminal activity which leads to death.
The heirs and personal representatives of the deceased's estate can seek damage for grief or sorrow, loss of probable support, companionship, funeral expenses, medical expenses, and, in some cases, punitive damages. The jury determines the amount of damages to which the plaintiffs are entitled to in this kind of case.
When you lose a loved one due to accident or injury, the smartest thing to do is talk to a wrongful death attorney. This will grant you protection when the insurance companies come to call. Our Las Vegas attorneys are experienced experts in wrongful death situations. Give us a call for a free consultation. You will not be sorry!