Wrongful Death Lawsuit FAQs

Posted by Aaeesha on September 29th, 2015

The legal world is abuzz about the cases relating to wrongful death lawsuit. Lawyers look at such cases as very challenging and hard to crack. Have you too heard this legal jargon and wondered what it meant? Here is a list of some FAQs and answers about wrongful death lawsuits.

1. What is a wrongful death lawsuit?

When a person dies due to misconduct or negligence, then it is called as wrongful death. If the death occurs due to malfunction of a product or accident due to manufacturing defect, then it is also called wrongful death.

2. Who will be sued for the wrongful death?

This law states that the person legally responsible for the cause of death can be sued. If a car accident occurs due to driver fault, then the driver is claimed to be responsible for the death. Similarly, if a person dies because of drunken driving, then the bartender could be in fault.

3. Who can sue for wrongful death?

According to the law, the deceased’s spouse can file the claim. A person executing the deceased’s estate can also consult the wrongful death lawsuit attorney to file the claim. The other people eligible to file the suit are the deceased’s parents, grandparents, children, creditors or any other person approved by the law.

4. What are the proofs for wrongful death?

First, proof that the person is dead should be given. Second, there should be reliable proof to show that the death occurred due to misconduct or negligence. The wrongful death lawsuit advocate should produce the people who will be suffering monetary loss due to the wrongful death.

5. Is the wrongful death lawsuit same across the country?

Though the basic law is same across the country, the bylaws and the interpretations differ from state to state. So, before you file the case, you should talk to your wrongful death lawsuit lawyer to get a clear picture of the law in your state.

6. What are the points to consider while hiring a wrongful death lawsuit advocate?

You should research about the lawyer before you hire him or her. The lawyer should have ample experience and expertise in this area of the law. Moreover, you should check out their track record. In many lawsuits, the lawyers prefer to settle trails out of the court as it can save a lot of money, time and effort. Check if the lawyer can negotiate such a deal and get the best claim for you and your loved ones.