Grief is never an easy thing to deal with and the circumstances of the death of a loved one can make this feeling even worse. Although it can’t bring the person back, there is the ability to file for a wrongful death lawsuit that can help ease the financial burden of one’s passing and give some closure to friends and family. What exactly constitutes a wrongful death claim and how can one pursue one?
At its core, a wrongful death lawsuit works the same way that a personal injury case would. The obvious difference, and reason for complication sometimes, is that the person who was affected is deceased, rather than simply injured. The two most common cases of wrongful death are medical malpractice and automobile accidents, although other situations may arise depending on rare circumstances.
In both of the aforementioned examples, it must be proven that it was negligence or harmful intent that led to a person’s death. In the case of medical malpractice, it must be shown that the failure to meet a standard of care or the intentional foregoing of treatment or testing that led to a person’s passing. In the case of an automobile accident, it must be shown that it was due to the negligence of the other driver that the accident was caused.
If these criteria do indeed exist, then the surviving spouse, children, parents, or other close family of the deceased must be the one to file the wrongful death suit. When filing for a wrongful death suit, it is always a good decision to have an attorney involved as well, as a skilled and experienced one will be able to help ensure the case end in victory for the plaintiff.
We at the Franco Firm excel in personal injury law and would be honored to help you through the difficult time following the wrongful death of a loved one. For more information about the services we offer and to schedule a free consultation with us, please call (813) 872-0929 any time.