- January 15, 2022
The loss of a loved one is devastating, especially when you lose them unexpectedly due to an accident or mishap. With the increasing accidents on a daily basis, more people have started filing Greenville wrongful death cases when they feel that their partner or loved one has died due to someone else’s mistake.
Filing a wrongful death case helps them endure a financial loss that the family usually suffers from due to losing their loved one. Hiring an experienced lawyer in such a critical situation can help grieving families make sense of the intricate aspects of their loss and secure financial reimbursement from those who are responsible for the cause of wrongful death.
A wrongful death claim allows the loved ones of the deceased to file a claim on their behalf. However, know that wrongful death laws vary for each state. These lawsuits are usually filed by a representative of the deceased person’s estate on behalf of surviving family members impacted by the death.
What Is a Greenville Wrongful Death Case?
A wrongful death charge can be filed after the situations in which a victim who would otherwise have filed a valid personal injury claim is killed as a result of the offender’s wrongful action. This can occur in various situations, including:
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When a Victim Is Killed Intentionally:
In this case, the victims’ families’ lawsuits are separate from the state’s criminal case.
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When a Victim Dies Due to Medical Malpractice:
When a doctor fails to diagnose the condition, or when the doctor shows carelessness in the level of care provided, which results in the patient’s death. In this situation, a wrongful death case is possible against the doctor.
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Car Accident Fatalities that Involve Negligence:
If the victim expires due to car accident injuries, then the deceased person’s family can file a wrongful death claim.
The claim for wrongful death can be filed for any kind of personal injury situation. One exception that may exist for work injuries resulting in death, which is usually handled exclusively through the system of worker’s compensation.
What Needs to Be Proven?
To hold the offender liable in a wrongful death claim, the petitioners in the claim are required to provide proof that the victim would have had to meet if they had lived.
People Who Could File the Claim for Wrongful Death:
As mentioned above, the wrongful death claim is filed by a representative of the estate of the late victim on behalf of survivors who were in any kind of relationship with the victim.
The details about the related people who can file the claim against the victim vary state-wise. In all states, a partner can bring a wrongful death action on their deceased spouse’s behalf. Similarly, parents of minors can also bring a wrongful death action if they lose one of their children due to someone else’s negligence. Apart from that, a minor can also collect compensation for their parent’s death.
The point where disagreement amongst the states begins is whether parents of adult children can sue. Adult children can also sue for the wrongful death of their parents, grown siblings can sue for wrongful death, or extended relatives like cousins, uncles, aunts, or grandparents can sue. The more distant the familial relationship of the victim would be, the harder it might be to get legal compensation through a Greenville wrongful death case.
Some states also allow the romantic partner of the deceased one to bring a wrongful death claim where marriage isn’t a requirement. Moreover, anyone who can show financial dependence on the deceased can also file a wrongful death lawsuit.
Wrongful Death Damages:
Some of the categories of losses that a survivor might be able to receive in compensation may include:
- The deceased person’s pre-death “pain and suffering” (aka “survival” claim)
- The medical costs that the deceased incurred due to the injury before their death
- Funeral and burial costs
- Loss of the deceased person’s expected income
- Value of the facilities that the dead would provide
- Loss of care, nurturing, and guidance that the deceased provided
- Loss of consortium
- Loss of love and companionship
People Who Can Be Claimed Against for Wrongful Death:
To name a few, wrongful death lawsuits can be claimed against:
- A driver who could be at fault in an automobile accident
- A government agent who botched to provide adequate warnings
- The builder or the designer of the faulty roadway
- The manufacturer, installer, or distributor of a faulty or dangerous part of the vehicle
These are not the only ones who can be sued for the wrongful death of your loved one. Consulting an experienced attorney to file a Greenville wrongful death case will help you recover the resulting damages. You can contact Hernandez & Cabra for your loved one’s wrongful death claim.
