What Qualifies as a Wrongful Death Lawsuit?

If your loved one was killed in a tragic accident that resulted from someone else’s negligence, you might be able to file a wrongful death lawsuit. A wrongful death lawsuit is a special kind of case brought when someone dies due to the defendant’s negligent or intentional act. 

Wrongful death claims allow the estate and those close to the deceased to file a lawsuit against the legally liable party for the death. Though each state’s wrongful death laws vary, these kinds of cases are usually filed by a representative of the deceased person’s estate, often on behalf of surviving family members affected. 

When Is a Wrongful Death Claim Applicable? 

A wrongful death claim can arise after situations in which a victim who would otherwise have a valid personal injury claim is killed due to the defendant’s wrongful action. This can occur in a variety of situations, including: 

When a Victim Dies as a Result of Medical Malpractice

If a doctor fails to diagnose a condition or is careless in the level of care provided, a patient dies. As a result, a wrongful death action might be possible against the doctor.

Car Accident Fatalities Involving Negligence 

If a victim dies due to car accident injuries, a wrongful death claim may be sought. 

These are just a few examples of cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation within reason.

What Must Be Proven?

To hold the defendant liable in a wrongful death claim, the plaintiffs in the lawsuit must show the defendant owed the victim a duty of care, and the defendant breached that duty and was a direct and proximate cause of death. 

Wrongful Death Damages 

Damages in a wrongful death claim include the following: 

  • The deceased person pre-death pain and suffering. 
  • The medical treatment costs that the deceased victim incurred as a result of the injury before death
  • Funeral and burial costs
  • Loss of the deceased person’s expected income
  • Loss of any inheritance as a result of the death
  • Value of the services that the deceased would have provided
  • Loss of care, guidance, and nurturing that the deceased would have provided

Enlist The Services of Experienced Monticello Lawyers 

If you have lost a loved one due to another party’s negligence, you may be eligible to file a wrongful death lawsuit. In order to do so, it’s important to enlist the services of a reputable and experienced lawyer in Monticello, Arkansas. 

The Hashem Law Firm has over thirty years of experience and has been rated as AV preeminent for their legal ability and ethics, the highest possible rating possible. The lawyers at The Hashem Law Firm work hard to restore hope for their clients.