What to Know Before Filing a Wrongful Death Suit

by | Sep 21, 2018 | Attorney

Death is always a tragedy, but it is especially so when the death could have been prevented. If you believe a family member or loved one has been the victim of wrongful death, you may need legal services to help you get the compensation your family deserves. Here is what you need to know before heading to your wrongful death attorney’s office:

First: What is Wrongful Death?

We always feel like death has wronged us, but what is the legal definition of a wrongful death? Legally speaking, it is a death that occurred in the same scenario in which a personal injury claim could have been made, had the person survived. Wrongful deaths are the direct result of either negligence or intentional harm. They typically happen at the hands of someone who was legally and morally responsible for the individual who died at the time of their death. This may mean a caregiver, relative, friend, spouse, health care provider, or any other person directly responsible for their welfare.

Wrongful death may also be valid if the victim is injured and ultimately killed because of negligent actions of a stranger which impacted the public. This includes automobile accidents and other, similar scenarios. While the person may not have been directly responsible for your loved one’s wellbeing, their negligence directly impacted the public health and safety and led to a fatality, making them at least partially responsible.

Who and What are Eligible for Wrongful Death Suits?

The people who are eligible for filing a wrongful death claim are either members or representatives of the victim’s estate – generally family members, spouses, children, etc.

To prove a wrongful death case, your Fort Lauderdale wrongful death attorneys will have to demonstrate the following:

  • The victim was in the care of or was the responsibility of the accused.
  • The actions – either intentional or negligent – of the accused directly resulted in the victim’s death.
  • There have been significant damages to the victim’s family and estate, which are being sought in compensation as part of the suit.

If you feel that this applies to your situation, you may have a valid wrongful death case. Contact your local law office and inquire; your family deserves peace and closure, both emotional and financial.

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