December 8, 2022

The Queens County Citizen

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What Exactly Is a Wrongful Death Lawsuit (and Who Can Pursue a Claim)?

Losing a loved one suddenly will always be a tragic and emotional experience, but when the death is due to the recklessness or negligence of an individual or organization, it can be even more difficult to deal with.

Not only can a wrongful death cause devastation to family members. It can also lead to them facing significant financial expenses.

But by filing a wrongful death lawsuit, family members can at least get compensation for their loss, which will go a little way to helping the family get through such troubling times.

Let us take a closer look at what exactly a wrongful death lawsuit is and who is eligible to pursue a claim.

What exactly is a wrongful death lawsuit?

Basically, a wrongful death lawsuit is a legal action you can take against an individual, organization, or corporation for their actions that resulted in the death of your loved one.

Of course, money cannot compensate for the tragic loss of life, but it helps to ease the burden concerning financial consequences that the family may experience after the wrongful death.

You can pursue monetary damages for both economic and non-economic losses that are related to the person’s passing. You can claim for medical expenses, end-of-life-related expenses, and other financial losses. Sometimes you can also be awarded emotional damages.

Consulting a Suitable Lawyer to Fight Your Case

Like any lawsuit, you stand a much better chance of winning your case and being awarded the maximum compensation when you have an experienced and knowledgeable lawyer on board.

But for a wrongful death lawsuit, you should ensure the law firm you hire has specialist experience in wrongful death cases, such as Lalande personal injury lawyer.

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A skilled lawyer will be able to assess the circumstances of the surviving family and provide guidance about who can pursue the lawsuit and what could be recoverable.

Of the utmost importance is this: a lawyer can assist in establishing the individual, corporation, or organization is responsible for the negligence that caused the death of your loved one. Your lawyer will help to prove that the defendant owed the victim a duty of care and failed to provide that duty of care, which resulted in the wrongful death.

What kinds of incidents can be regarded as wrongful death claims?

Any death that is caused by the negligence, the reckless conduct, or the intentional criminal act of an individual or organization can lead to a wrongful death lawsuit.

All kinds of specific incidents can lead to wrongful deaths. Some of the most common ones are medical malpractice, road accidents, workplace accidents, and defective products.

Who can pursue a wrongful death claim?

People who are entitled to compensation after a wrongful death include the deceased’s spouse, children, parents, siblings, grandparents, and grandchildren.

While several people can be eligible to gain compensation from a wrongful death lawsuit, only one legal action may be taken. That means all eligible participants must jointly file the lawsuit.

The settlement can be paid out in a lump sum or divided into portions among the claimants.

If children under the age of eighteen are the claimants, they will not be able to access their share of the settlement until they become eighteen years of age.

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And if the claimant of the wrongful death lawsuit should him or herself die, the lawsuit can still continue, but the responsibility transfers to the executor or administrator of the person’s estate.