Significant Factors in Establishing Wrongful Death Claim
- Date: 2007-12-01 - Word Count: 525
Share This!
If your loved one has been killed because of an accident that resulted from another individual or a company's negligence, carelessness, inaction, malpractice or liability, such tragic loss may be considered as a "wrongful death." Moreover, depending upon your status and right as survivor, you may be eligible to pursue a legal action against the alleged party or considered as defendant, whose negligent / wrongful conduct and/or liability caused the premature death of your loved one.The suitable legal action to pursue is a wrongful death claim or lawsuit wherein as surviving beneficiaries or dependents, entitles you to claim monetary damages caused by the defendant's irresponsible conduct.A wrongful death claims is unlike typical negligence lawsuits wherein it is the person directly injured who files claim for the consequent damages. Formerly, based from the "common law" derived from England's wide-ranging legal principles, wrongful death claim is declared non-existent due to the argument that any claim died along with the victim and he or she could no longer be compensated for the damages caused by the wrongful conduct. The surviving spouse and other dependents of the victim also cannot claim for damages from the person or company that caused the victim's sudden death.Through the years, though, the state governments passed statutes concerning wrongful death and provided compensation for the persons directly affected or damaged by the victim's death. They were also given incentive to act on this matter with care and caution.Nowadays, all of the states enforce legal actions regarding wrongful death issues.Wrongful death claims are considered as civil lawsuits and do not involve any kind of criminal charges. Its basic objective is to help the surviving families of killed victims to recover sufficient monetary damages for the expenses incurred like medical bills and burial, lost wages, mental anguish, pain and suffering, loss of companionship and others.Eligibility in filing wrongful death lawsuitWho are eligible to recover damages caused by the wrongful death and file such claim?• Immediate members of the victim's family - parents- spouse- children• Some states permit other members of surviving family to file a lawsuit, such as- stepparents- grandparents- dependents What you need upon filing a wrongful death lawsuitIf you are among the eligible persons who had been affected by the wrongful death of your loved one, here is the process on how to go about with filing a valid claim.Search for a lawyer who has an expertise in the settlements and litigation of wrongful death cases.Legal services of a wrongful death lawyer• explanation of the personal injury laws and wrongful death statutes• knowledge of the statutes of limitations or the covered period when initiating a lawsuit is allowed• gathering of evidences• completion of required paperwork• building a convincing suit• alleviation of stress and burdenCompensation you may receive for the wrongful death- Monetary - medical and/or funeral costs, lost wages and benefits, future earnings, lost inheritance, mental anguish, loss of companionship and support- General damages - Punitive damages The other damages may be prohibited or not awarded depending on the state's particular laws.
For more information concerning filing and processing awrongful death claim, get the help of qualified personal injury attorneys at http://www.personalinjurydefenders.com/
Source: Free Articles from ArticlesFactory.com
Related Tags: in, death, factors, claim, significant, wrongful, establishing
Lala C. Ballatan a.k.a Kay Zetkin discovered the pleasure of writing through her daily journals way back when she was 10. With writing, she felt freedom - to express her viewpoints and assert it, to bring out all concerns -- imagined and observed, to bear witness. Your Article Search Directory : Find in Articles
Recent articles in this category:
- How to Hire a Personal Injury Attorney Toronto
There is no question that suffering from a personal injury is an incredibly difficult thing to have - Finding the Best Personal Injury Lawyer
Should you be the victim of an accident that just simply was not your fault and you have received an - DUI Perpetrators Must Seek Expert Help
It is obvious, as we progress further into the future, that behavior that puts others at risk is not - To Find the Best New York Attorney Buffalo is Still the Best Choice
If you need an attorney in New York, you would surely have a lot of options. New York has 10 cities - If You Need a Great Wisconsin Attorney Madison is the Way to Go
Are you in need of a great Wisconsin attorney? If you are from Wisconsin and need a great attorney M - What Is The Importance Of An LLP Agreement
An LLP agreement is an important contract, since without such a document the Limited Liability Partn - Personal Injury Lawyers - Get Help at Your Doorstep When Injured
As soon as you are involved in an accident, it is usually quite common for you to be injured maybe i - Personal Injury Lawyers - Knowing If You Are Entitled For a Claim
No doubts accidents do take place; however that does not mean that you should take up the liabilitie - Personal Injury Lawyers - Claiming Compensation For Your Injuries Some Tips
When you are injured, the next thing is you should know what legal rights you have; this will provid - Personal Injury Lawyers Help Victims of Car Accident Claim Financial Damages
People living in Toronto go to work through different modes of transports like trains, buses and car
Most viewed articles in this category:
- Mesothelioma Lawyer - Asbestos Attorney - Mesothelioma Lawsuits & Lung Cancer Information
Mesothelioma is one of the most tragic diseases ever to strike the working man. Due to decades of m - Michigan Personal Injury Lawyer Courts
The Michigan Courts were created by the Constitution of 1963, Article VI, and Section 1, under which - What is Entrapment?
Question: What is entrapment?Criminal Defense Lawyer: Entrapment is a defense raised by a defendan - Top 10 Tips On How To Win Your Road Traffic Accident Case
If you happen to be pursuing this thing right now then here are the top ten tips on how to win your - Agency Law
Agency Law The origins of the doctrine of necessitous intervention by someone who is in a legal rel - Procedure Of DWI In U.S.A.
ALR (Administrative License Revocation) A Program to suspend the driving license Of Drivers Which a - Mesothelioma Lawsuits Surging in United States
Mesothelioma is a cancerous disease where malignant cells develop in the lining of the chest or the - Forensic DNA Testing
Forensics is defined as the study of evidence found at a crime scene and used in a court of law. For - Arizona Drunk Driving Law, Az Drunk Driving Law & Arizona Drunk Driving Charges
Arizona drunk driving is one of the most common and deadly mistakes in Arizona while driving. Defens - Worried About the Fair Debt Collection Practices Act?
Do you work for a financial institution that collects debts? If so, do you know whether the Fair De