If you've lost a loved one too soon because of a wrongful death, you will want to know what to do. It's in your best interest to pursue legal action for the justice that should be served. This can be a very challenging time in your life and the key to coping with it may be by taking legal action against the party responsible for the death. By having specific questions answered about this dire situation, you may be better prepared to handle it legally.
Question #1: What is wrongful death?
Wrongful death is when the loss of another person's life occurs and can be blamed on another individual. There are various causes of wrongful death, and some of these are listed below:
1. Auto accidents – If a person is killed in a wreck and the other driver is at fault.
2. Medical malpractice – Dealing with the loss of a loved one due to a medical mistake can be devastating, but this does happen and may give the right to file a wrongful death case.
3. Criminal activity – If the reason the death occurred was due to criminal activity, you could file a lawsuit against this person that did the shooting.
Question #2: What parties can file a claim?
In order to be eligible to take legal action against an individual in a wrongful death case, you must meet certain requirements. It's common for the persons listed below to qualify to do so:
1. Immediate family members – This may include spouses, children, and parents.
2. Distant family members – Cousins, grandparents and even aunts and uncles are involved in this group.
3. Parents - If the death was a deceased fetus, this would allow the parents to pursue legal action if the loss of life was due to the negligence of the medical provider.
4. Financial dependents – If either the person that died or the one left living were financially dependent on each other.
5. Life partners – If a couple isn't married, but have been determined to be a life partner, this action could be taken.
Being able to file this type of claim will require the right amount of evidence and the fact that wrongful doing did happen. However, if you feel you have a substantial case, be sure to rely on the expertise of wrongful death attorney to legally assist you during this challenging time. To learn more, contact a law firm like Shaevitz Shaevitz & Kotzamanis