What You Need To Know About A Wrongful Death Case
5 May 2015No Comments
A wrongful death that takes place can occur when a person dies and it is the fault of another. The death that takes place is usually due to some type of negligence that occurred and can be from a wide variety of causes including a vehicle accident, improper medical care, and similar. Someone who seeks out a wrongful death claim can recover for damages including pain and suffering and even funeral costs. It is important for you to speak with local Ingleside, Texas attorneys first before you begin the case as they can help you prepare and gather the information needed.
One of the most important things to note is that in a wrongful death case, the person responsible could have acted intentionally or unintentionally. Either way, the person may still be liable for harm caused even if they did not mean to do it.
What Are the Most Common Types of Wrongful Death Cases?
A wrongful death can occur under any conditions and can even extend beyond what you may think is a case. Some of the most common reasons a person will file a case include:
- Death resulting from an accident
- Intentional death of a person
- Medical malpractice
- Nursing home abuse
- Accidents involving workplace conditions
Can a Case Be Filed by Anyone?
No. A wrongful death case must have specific elements that go along with it to ensure that the case is not only valid, but that a judge will listen to the case. For instance, a friend or a long-distance acquaintance cannot sue for the death of the individual because they do not suffer any type of monetary damages due to the death.
The only people who can legally file a claim for the person must be listed as part of the individual’s estate or be a representative of that estate.
Filing Your Wrongful Death Case
When you begin to look into a wrongful death case, you will have your hands full. Not many cases are easily won and the case can be in court for many months and even years before anything comes about. One of the reasons that these cases are difficult and time consuming is because often, a criminal charge is filed or associated with the crime. When the defendant is accused of a crime, he or she will face the criminal trial and this can place a civil suit on hold.
Another thing to note is that whether the defendant is found guilty or innocent, has no effect on the outcome of the civil case.
During the wrongful death case, you and your attorney will work hand-in-hand to uncover evidence and prove that the defendant is liable. Throughout the case, you must show that the person accused is personally liable for the death of your loved one. You must be able to show that the person acted without care or with the intent to cause harm to the individual.
If you are awarded damages in the case, you can recover compensation for the medical bills associated with the death of your loved one, funeral costs, and pain and suffering of both the deceased and yourself. The amount awarded will be up to the judge on the case.
Get the Help You Need Today
If you believe that you have a wrongful death case, speak with experienced attorneys today to learn more about how they can help you and what you need to do to proceed with the case.