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What To Do In Case Of A Wrongful Death

May 17, 2018

Wrongful death lawsuits are a special class of personal injury claims that can extend to the family members who will also suffer because of the negligent actions of another party. Although most wrongful death claims are the result of an automobile or truck accident, wrongful death situations can also arise from a wide variety of other circumstances such as workplace injury or intentional actions by others. Wrongful death can also be difficult to prove. Being properly compensated in a wrongful death claim always requires representation by an experienced wrongful death attorney who understands how to craft a strong case for maximum compensation.

Who Can File a Wrongful Death Claim

Normally the estate executor of the decedent has standing to file a wrongful death action, which is typically a spouse or dependent child. Wrongful death lawsuits are directed specifically in gross negligence cases where material case evidence is compelling and could result in punitive damages in addition to standard personal injury compensatory awards. Determining who will be allowed to file a claim according to state law can be a complicated legal matter in many cases. Having an experienced wrongful death lawyer is vital for a whole damage settlement.

Proving a Claim

Personal injury cases and wrongful death cases are similar in that the wrongful death attorney must prove that a fatal injury occurred to their client and that the injury was caused by the negligent actions of another person. However, wrongful death claims must also include an element of gross negligence based on the egregious nature of the defendant’s behavior. This is the legal challenge when wrongful death claims go to trial. Having an experienced and aggressive wrongful death lawyer presenting the case to the jury is vital.

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