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What Is A Wrongful Death Lawsuit?

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Losing a loved one is a tragedy, especially when the death is due to the actions of another person. In cases like these, you may be able to file a wrongful death lawsuit. The following is some information about wrongful death lawsuits and what you stand to receive if you win.

What Is a Wrongful Death?

A wrongful death happens when a person dies by the actions of someone else, particularly if there was negligence involved. Negligence is the failure to take proper care to prevent injury or death to someone else. Wrongful death happens when you file a lawsuit for any damages you have incurred as a result of the death of your loved one. You can do this whether or not you choose to file criminal charges against the negligent party.

What Happens During a Wrongful Death Suit?

After someone dies under these circumstances, you as the family can file lawsuit. If you win, you receive a monetary award for your losses, determined by the judge. Any money you win can be used for the different economic losses you have. This amount you get will depend on your relationship status with the deceased, his or her position in the family, and whether or not he or she was a prime contributor of money to the household.

What Can You Receive Compensation For?

There are a variety of expenses you can seek compensation for with the wrongful death lawsuit. One part of your case can include the medical expenses for the deceased. This covers the medical treatment and hospitalization for his or her expenses prior to the death. Payment for the funeral expenses can also be recouped. Your family can also receive payment for emotional distress. When you lose a family member suddenly due to negligence, it can result in trauma. Some members of your family could even need counseling or psychological help, including medication.

If your loved one was a primary contributor to the household's finances, you can also include compensation for income loss. You can request a payout for the loss of income the deceased would have brought home had the death not occurred. You can also sue for the loss of the estate. If your loved one would have been able to provide an inheritance through a will, you can file a wrongful death lawsuit for those losses as well. This is the case for those who would have received an inheritance outside of your immediate family.

Talk to a wrongful death attorney for more information.