Negligence and Wrongful Death
Based on the law of common jurisdiction, a wrongful death is a compensation claim filed against any person, organization, or entity that is legally responsible for the death of another individual. The surviving family members of the victim, after suffering from heavy emotional trauma and tragic loss, file for a wrongful death lawsuit to seek legal justice.
There are many causes why a wrongful death occurs but generally, the standard or deciding factor whether or not there is substantive merit as to the wrongful death incident becoming a full-blown case is negligence. Negligence is founded on the idea that a person will act or do a reasonable action when involved in a certain situation. Simply put, negligence is something that a “reasonable person” will not do when confronted with such situation.
Examples of negligence cases resulting in death include: patient neglected or abused at a nursing home which eventually led to the patient’s death, death of somebody caused by vehicular or motor accident, any case of medical malpractice that resulted to the patient’s death, death resulting from any routine activity, and exposure to any toxic or volatile substance during work that could cause the employee’s death.
The law that covers all matters involving wrongful death cases is called the Wrongful Death Law. This law stipulates how the family of the victim can get financial compensation claim that they rightfully deserve. It recognizes that while nothing will ever pacify or compensate the loss of a loved one, the monetary claim from the negligent party could at least help in easing the burden of financial expenses incurred to save the life of the loved one. And just as there are many states, there are also different variations of wrongful death laws and statutes per state.
Regardless of the city you are in, the lawyers who specialize in this type of death cases can help you maximize your claim over the death of your loved one. Lawyers specializing in this kind of death will ensure that the surviving family members are provided with just and reasonable monetary compensation for suffering from a lifetime loss of the victim. Since they are aware that you are still recuperating from a sudden and tragic impact of your loved one’s loss of life, they will try to be as sensitive and as humane as possible in dealing with your case, providing you with the comfort blanket that you most urgently need during such grieving times.