WRONGFUL DEATH
If you have recently lost someone close to you due to any type of accident speak with a wrongful death attorney at Yamin Law to help you cope with your loss and explore your legal options. Even though no amount of money can ever replace the pain and suffering you’ve suffered, a proper settlement and successful resolution of your claim may provide the justice you deserve.
WHAT IS A WRONGFUL DEATH CLAIM?
A wrongful death claim holds a defendant liable civilly for someone’s death. These lawsuits generally occur as a result of someone’s negligence. Accordingly, in many cases the deceased fatally suffered an injury during an accident like an auto accident. The claim of wrongful death can arise when the defendant’s acts cause the death of an otherwise valid claimant for personal injury.
A lawsuit may be filed after an intentional crime even if it is at the same time as an ongoing criminal trial against the defendant.
Wrongful Death Accidents may include:
- Truck collisions
- Car accidents
- Motorcycle accidents
- Workplace accidents
- Defective product accidents
- Drowning or boating accidents
- Accidental poisoning and overdoses
- Medical malpractice
- Premise liability accidents
- Pedestrian and bicycle accidents
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ELEMENTS OF A WRONGFUL DEATH SUIT
Negligence Elements
- The party that is liable had a duty of care owed to the victims
- That party breached its duty of care in some way or form
- The party’s breach led to the injury that ultimately caused the death
- The victim’s death caused loss/damage to you and others
Intentional Harm Elements
- The person who committed the act had the intent
- The victim did not consent to the contact from the person
- The intentional contact was fetal
The Surviving Spouse
- Usually the first person having the capacity to sue is the decedent’s (person who died) spouse.
WHO CAN SUE FOR WRONGFUL DEATH?
Children of the Decedent
- If there is no surviving spouse or the surviving spouse is unable to sue then the children may sue for wrongful death
Dependent Minors
- Minors who have lived in the home of the decedent for more than 6 months may sue
The Putative Spouse
- A putative spouse is one that believes they have been married in good faith to their partner. Under the law such a spouse may sue.
Children of the Putative Spouse Stepchildren of the Decedent
- If it is shown that the stepchildren of the decedent were financially dependent on the decedent they may sue, as well.
Parents of the Decedent
- If parents of the decedent can show that they were dependent on the decedent financially, the parents may sue as well
No Surviving Spouse or Issue
- If there is no surviving spouse the people entitled to property by intestate succession can sue. This means that siblings, aunts, uncles, nieces, and nephews may have the opportunity to sue.
EXAMPLES OF WRONGFUL DEATH CLAIMS
If a person dies while under the care of hospital staff due to negligence, a family member may file a wrongful death case against the staff member and/or the hospital where the death took place (i.e. exposing a cancer patient to excessive amounts of radiation, necessary surgery, or failing to diagnose or misdiagnosis).
Car/Auto Accidents:
A driver of a car or a truck under the influence or driving negligently causing a fatal accident.
Workplace Accidents:
While on the job an employee might get struck by an object that falls or flies through the air hitting them causing a fatal blow. A worker might get electrocuted, burned, struck by a motor vehicle, and may even fall while on the job. Accordingly, this might be due to the careless and messy workplace environment. Hitting an object hard enough can cause severe injury and lead to death.
Product Liability:
Someone that was exposed to an injury and led to their death due to an unsafe product can file a lawsuit against the manufacturer. For example, a car manufacturer may be liable due to unsafe cars and car parts. Other examples of products that are involved in defective product lawsuits are medical devises, kitchen appliances, children’s products, and industrial products.
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WE ARE HERE FOR YOU
We understand the mix of emotions you are going through during this time and at Yamin law we can help alleviate the stress of the complex legal system. We will guide you through the process while supporting you through this difficult time. Our goal is to fight for you to get the justice you and your family deserves.