Do You Have The Grounds For A Wrongful Death Lawsuit?
Losing someone that we love is one of the single most difficult ordeals a person will have to go through. Picking up the pieces and moving on after a loved one passes away is a struggle for many, and if the death was caused by the negligent or reckless actions of another party, it can be even more difficult to make sense of things.
Making the grieving process even more difficult is the fact that a wrongful death will often place a heavy financial burden on those left behind. Everything from funeral costs to medical bills to the impact that losing a source of income can have on a family will make moving on very difficult to do. That's why seeking financial compensation in the form of a wrongful death lawsuit is so important.
A wrongful death lawsuit is just what it sounds like – a lawsuit that focuses on providing financial compensation to those who have lost a loved one. The lawsuit will focus on the party who is responsible for the loss of life and on their actions, but determining whether or not you have the grounds to seek financial compensation is often more difficult than many realize. Speaking to a wrongful death lawyer will help make things clearer, but understanding the basics behind a wrongful death lawsuit is the first step.
To understand whether or not you have the grounds for a wrongful death lawsuit, there are a few basic things you'll need to understand. These include:
- It must be shown that the other party acted in a negligent or reckless way, and that those actions were the direct cause of the death of your loved one. This could mean failing to install safety features in the workplace, driving while drunk, or any other number of things but at the root of it, the other party must have acted negligently or recklessly.
- Reasonable risk refers to what a reasonable person would know to be a risk. For example, going skydiving involves direct risks that are very obvious. An accident leading to death that occurs while skydiving is usually not a potential source of a wrongful death lawsuit. This is an extreme example, but it carries through to driving, work, and beyond.
- It also must be shown that the loss of life has directly influenced your own life in a negative way. This has a direct impact on your potential compensation amount. Everything from lost wages to funeral costs will be considered, and in some cases punitive damages are awarded as well. These focus on punishing the other party through large monetary awards.
If you've lost someone close to you, you should take steps to find out whether or not a wrongful death case is something you can pursue. Talking to an attorney will be the first thing you'll want to do, and they'll help you understand what options you have and whether or not you can pursue compensation. We can help. Contact us to set up a free consultation and learn more about your rights.