What is Wrongful Death?

Posted by Aaeesha on September 15th, 2015

Wrongful death is a relatively new concept in the legal circles. If you’ve heard this legal jargon and wondering what is wrongful death and who is a wrongful death lawsuit lawyer, read on to find out.

 In any situation, if a person dies because of negligence, misconduct, malpractice or malicious intent, then it is termed as wrongful death. Though it may look very simple, it is a very complex lawsuit and can be handled only by an experienced wrongful death lawsuit attorney. The following are the situations that could be deemed as wrongful death.

• When a child dies because of the negligence of the carer
• When a person dies in an accident because of a manufacturing problem in the vehicle
• Death due to medical malpractice
• Exposure to hazardous chemicals/materials

In a wrongful death, it is usually assumed that nothing can be done as there is not any criminal activity involved in the death. The immediate family and loved ones think that nothing can be done as the death was accidental. But this new legal inclusion has made it possible to bring justice even for people who die a wrongful death. The minute details and laws are different in each state, but their overall intent is the same. The changes may refer to who may apply the lawsuit or the causes of wrongful death.

 In such cases of death, any person from the immediate family, including parents, spouse, grandparents, children or extended family can consult a wrongful death lawsuit lawyer. The lawyer will investigate all the aspects and conditions related to death to help you get justice and the relevant claim.

 When you consult a wrongful death lawsuit lawyer, you should have the following details:

• Proof of death, which will be a death certificate from the coroner
• Proof of damage – physical, monetary or emotional trauma because of the death of the person
• Relevant witnesses and details to prove that negligence, misconduct or malpractice was the sole reason for the death of the person

The Wrongful Death Lawsuit attorney will carefully study the evidence provided by the witnesses, carefully study the situation of death and the loss to the dear ones because of the bereavement. The lawyer will ensure that the family gets the right compensation for the death of the loved ones. In some cases, if the death of the person has caused monetary loss, the lawsuit will also take those factors into consideration.