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How a Wrongful Death Lawsuit Works

Chances are, if you have ever heard the term “wrongful death attorney” or “wrongful death lawsuit,” you tend to ignore it and hope you never have to actually file a lawsuit for such a tragic event. However, in the unfortunate case that it does ever happen to someone you know, it is important to understand how a wrongful death lawsuit works.

In order to seek justice for the loss of your loved one, you can file a wrongful death lawsuit to uncover the truth behind what happened. These types of lawsuits are meant to hold the negligent party accountable and can lead to compensation for the financial hardships they have endured. A wrongful death claim is valid when a victim who would otherwise have a personal injury claim is killed as a result of either negligence or an intentional harmful act on the part of the defendant.

To be eligible to file a wrongful death claim, one must meet the following requirements:

  • You are a part of the immediate family of the deceased (parent, child, spouse)
  • You have suffered damages (must be able to prove you have suffered financial and/or emotional trauma as a result of death)
  • You have proof of loved one’s death (death certificate signed by coroner)

How do you know when a wrongful death claim is applicable to your case? Here are 3 instances:

  • When the victim dies as a result of medical malpractice
  • When the victim is involved in a fatal car accident caused by negligence
  • When the victim is intentionally killed

The surviving family members are able to collect different types of damages once they conclude that the death of their loved one was due to a wrongful act. This can include compensatory damages for lost wages, medical bills, burial expenses, and more.

For more information and frequently asked questions about wrongful death cases. Gower Law PLC can help you and your family through a difficult time. Contact us today to schedule a free consultation.

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