Wrongful death is a death of a human being caused by the misconduct of another human being or groups of people. It is different from criminal charges in the sense that neither one of these impinges on nor controls the other. Wrongful death can be either intentional or unintentional. It can vary from car or airplane accidents to medical malpractice where people can be sued for negligence.
Wrongful death statues exist to provide help for families of deceased and to motivate people to prevent accidents and injuries and avoid the wrongful behavior. Wrongful death claim can be brought by a representative or a family member, and it can be brought against a person or group of people, companies or even government. Every state has its time limits for bringing wrongful death claim. It can range from one to two years of the date of the misconduct.
Who Can File for Wrongful Death Claim?
A wrongful death claim can be filed by a representative in the name of the people who suffer consequences after the death of a loved one. They are also called ‘real parties in interest.’ ‘Real parties in interest’ can involve close and distant family members, life partners, financial dependants or all people who suffer financially. All of those parties can file a wrongful death suit to recover from losses.
Close family members like spouses or children or distant family members like grandparents can bring a wrongful death lawsuit to recover from their losses.
In some states, a life partner can have the right to bring a lawsuit against a person who is held responsible for the wrongful death.
Some states allow all financial dependants, even if they are not related by blood or marriage, to bring a wrongful death lawsuit for loss of financial support and security.
A claim of negligence is one of the most common types of lawsuits. Negligence is a situation in which a person doesn’t abide by rules deemed reasonable and right.It can result in another person getting hurt or property being damaged. Sometimes a person is required to act according to a situation, and if he/she fails to do that, there can be grounds for filing a claim of negligence. There are four elements of negligence duty, breach, causation, and damages. To prove a negligence case, a plaintiff must possess a wide knowledge of legal issues and analysis.
According to the law, if a person is considered negligent, he or she can be up against criminal charges or a civil lawsuit. Examples of criminal negligence are a parent who leaves a little child home alone to go out to a bar, a person who is texting a message while driving or a person who is driving over the speed limit and causes an accident. Some examples of civil negligence are a doctor who operates on a wrong part of the body or a person who owns a dog that is dangerous but doesn’t warn other people.