Ordinarily, in other lawsuits such a personal injury, it is the person injured that has the right to sue for compensation. In some limited situations, such as wrongful death cases, they may allow that right to be exercised by another person on their behalf.
In wrongful death claims however, the right to take action falls directly on individuals other than the decedent. As such, any person mentioned in the Code can sue for the wrongful death of their loved one, as a matter of right.
In showing that the death of their loved one was wrongful, it will be necessary to show certain things. These include that the death was due to the action or neglect of another person. It will also be necessary to show that the death should not have happened had the person at fault taken proper care.
There are many situations in which a wrongful death claim may be raised. These could include fatal motor vehicle accidents, medical negligence resulting in death or fatal slip and fall incidents.
Once you are able to show that the other person was at fault for the death, you would be entitled to compensation. It is important to note here that the fault need not be that of a natural person. You could sue a company, an organization or even the government if they have wrongfully caused the death of your loved one.
There is a wide range of compensation that you can get in the event of successful proof. For instance, if your loved one was responsible for your welfare, you may be entitled to compensation for the loss of that financial support. Your qualified wrongful death attorney will help you emphasize those points that will help you get the compensation you deserve.