Wrongful death claims have been around for quite some time, and they are nothing new. However, if you're considering one then you need to know if you have the right to file. Do you meet the particular requirements and stipulations? Finding out more can help you decide whether or not you have grounds to file a claim.
Understanding What Claiming Wrongful Death Means
A wrongful death is a claim that emerges after someone passes away due to the fault of someone else. Medical malpractice and work place accidents are two of the more common causes. Both companies and individual people can be at fault when someone passes away as a result of negligence or intent.
Some of those people that might be at fault because of a wrongful death include, but are not limited to
- When someone is intentionally killed whether it is by a regular person or a professional of some sort
- When someone was given advice from someone else, and it resulted in their death
- Medical malpractice resulting in death from the medical professional that was caring for the individual
- Car accident fatalities that occur because of the other driver's negligence
Understanding Who Has the Right to File This Kind of Claim
Not just anyone is able to sue for a wrongful death claim. Only the immediate family members of the deceased person are able to file for this type of claim. This is children, parents, and spouses. Some states allow distant members such as grandparents or siblings to file. In additional states, those that have suffered financially because of the loss of the deceased can also file a wrongful death claim. Speaking to a local wrongful death attorney is the easiest way to figure out whether or not you have the right to file.
Understanding What Documentation Is Needed to File
There is some documentation that is needed to even consider filing for a wrongful death claim. This is due to the fact that not just anyone is able to bring about accusations without having definite proof of the deceased's death.
You must provide documentation for all of the damages you have suffered because of the loss of the person, whether financial or emotional. You must provide proof of the deceased's death from a medical examiner and doctor stating the cause of death. You also have to provide documentation that you are an immediate family member with the right to file.
If you have a loved one who has passed away due to someone else's actions and you are suffering emotionally or financially about it, just talk to a wrongful death attorney. He or she can point you in the right direction and help you determine whether or not you have an official case.