WRONGFUL DEATH

Wrongful death occurs when a person dies unexpectedly from non-medical reasons. It can be quite shocking when a young person dies from a heart attack or aneurism; however, these are not wrongful deaths. Wrongful deaths are when a person dies by an event or activity that otherwise could have been prevented.

Under the Federal Laws of the United States, there is not a law that deals specifically with wrongful death. Each of the states has their own sets of statues and laws that deal with wrongful death. These statues and laws can be quite confusing and unique from state to state. However, there are four main areas that are common between all states.

Wrongful deaths can occur for many different reasons. The victim could have been killed in an auto accident. The victim could have been killed as the result of defective or unsafe working conditions. The victim could have been bitten by a dog. The victim could have been killed by a dangerous product. The victim could have been killed as the result of medical malpractice.

In order to establish a wrongful death claim against another individual, group, or place of business, the resulting death must meet the following requirements. First, the death was caused as a result of another. Second, the individual, group, or business was grossly negligent and liable as a result of the victim’s death. Third, as a result of the victim’s death, there are monetary damages involved. Fourth, there are surviving immediate family members.

When surviving family members believe that the death of a loved one was the result of a wrongful death, the most important thing they can do, is contact an attorney that specializes in wrongful death cases. Most attorneys will offer a free consultation to determine whether there are grounds for a law suit.

When meeting with the attorney, the injured party should bring along all documentation from the accident that resulted in the death. This should include accident reports, medical expenses, funeral expenses, loss of wages, police and medical reports, and any other documentation.

Once the attorney has reviewed all the material and gathered information from the injured party, they can best advise the party on what options are available. It is quite possible that there may not be any legal recourse. The attorney will also inform the family if there are grounds for legal action and how best to proceed.