The wrongful death of a loved one is a terrible experience. The serious consequences for surviving family members or loved ones can be physical, psychological, and even financial. If such death occurs, it is possible to bring an unlawful death lawsuit for compensation.
Many unlawful death claims are usually based on the death of a loved one caused by the negligence of another. Common cases are deaths due to a vehicle accident or medical misconduct.
Other common occurrences are fatalities resulting from work accidents, unsafe road conditions, rail accidents, aircraft accidents, etc. A wrongful death attorney can be of help if you need fast compensation. Dolan Dobrinsky Rosenblum Bluestein, LLP is the best firm to visit if you are looking for a Miami wrongful death attorney.
What are Wrongful Death Claims?
Wrongful death claims are actions brought by a relative of a person (the deceased) who was wrongly killed by another person.
A wrongful death occurs when it results from negligent or unlawful conduct on the part of the responsible party.
In the event of a claim to unlawful death, the family or a relative of the deceased may seek compensation from the party legally liable for the death.
Wrongful deaths are provided for in most state laws. The rationale is to lessen the additional financial burden that the death of a loved one would cause. It is also designed to hold the person or organization accountable for bringing the deceased’s death to justice.
What Must Be Proven in Such a Claim?
The plaintiff must demonstrate the same things that would have been negligently necessary if the victim had survived. This would include evidence of the following:
- That the accused owed the victim a duty of care;
- That the defendant has violated this duty of care;
- That this breach of duty was the immediate cause of death; and
- That the claim for damages arises from wrongly caused death.
What Claim to a Wrongful Death Can the “Survivor” Regain?
The damages to which you are entitled in the event of an unlawful death are numerous. However, these fall under two headings. The first is the award for the loss suffered by the deceased from the moment of the negligent act that caused the death. The damages in this category include medical expenses and funeral expenses.
The second class of damage is to compensate the family or survivors for their financial or other losses resulting from the unlawful death of the deceased. This can include loss of camaraderie, emotional distress, trauma, or stress caused by the deceased’s death.
Some of the damages that the “survivor” of an unlawful death can claim are:
- Medical expenses incurred by the deceased victim as a result of an injury caused by the defendant’s act;
- Funeral expenses
- Loss due to expected income of the deceased;
- Loss of any inheritance caused by the death of the deceased;
- Loss of love and camaraderie, care, guidance, and care that the deceased would have given;
- Value of the services the deceased would have provided
- Loss of the consortium (partnership).
- Punitive damages for the defendant’s wrongdoing.
- Interest and legal fees. In many states, survivors can claim interest back on the damage from the time they were incurred to the time they were confiscated. The survivors can also reclaim any legal costs incurred in bringing the lawsuit.
Who Can Be Sued for a Wrongful Death?
In cases of unjustified death, action can be taken against any person or organization that caused the deceased’s death. It can be used against individuals, companies, government agencies, or their employees. For example, in the event of an unlawful death as a result of a car accident, you can file a lawsuit against:
- The driver’s employer is responsible for the car accident;
- The body responsible for the maintenance of the dangerous roadway;
- A government official who did not give adequate warnings about a road hazard that caused the accident
- The manufacturer, dealer, or installer of a faulty or dangerous part of the vehicle and even;
- The people who sold or gave alcohol to the disabled driver.
You should gather enough evidence and look for the right wrongful death attorney.