Losing your loved ones suddenly is always heartbreaking. But when the cause of their death is someone else's ignorance or wrongdoing, that pain comes along with anger. If you are struggling with this tragic situation, you might be wondering if there is any legal action that can make things better.
Yes, there exist wrongful death lawsuits that help family members move forward after the death of their loved ones because of preventable situations. These legal cases can offer financial support during such a difficult time, ensure culprits are held responsible for the tragedy, and even prevent the same incidents from affecting others.
What is a Wrongful Death Claim?
A wrongful death claim is a legal case that family members can file when someone dies because of another person who does not meet their responsibility or duty of care. The important element of this legal claim is to prove that death results from carelessness, mistakes, misbehavior, or harmful actions instead of natural or unavoidable causes.
These cases can come from several situations, which include:
Car crashes caused by distracted or impaired drivers
Workplace accidents that occur because of unsafe conditions or poor safety protocols
Dangerous products that contribute to fatal injuries
Medical mistakes, like diagnoses or surgery-related errors
Criminal acts
The legal system says that no amount of money can replace a precious human life, but financial compensation can help the family members cope with economic damages that often come after a sudden death. The money awarded in a wrongful death lawsuit is basically distributed among close family members, such as spouse, parents, and children, depending on the rules of the state where the case is registered and the specific situation of the case.
Medical Mistakes: A Leading Cause
One of the leading reasons for wrongful death claims is medical mistakes. The healthcare system, even with its life-saving capabilities, is not completely perfect. Every year, approximately 98,000 Americans die because of preventable medical mistakes, which include:
Misdiagnoses
Surgery errors
Prescription errors (around 7,000 deaths each year)
These deaths are more than just numbers—they are the precious members of the families whose lives were shortened. Moreover, the financial expense of medical mistakes is also high, costing approximately $55 billion annually in the U.S. However, the true cost of the emotional loss for the family members is beyond measure.
Who Can File a Claim?
A wrongful death lawsuit can vary by state in the United States. However, in most cases, these family members can file a claim:
Spouse
Children
Parents
In some states, individuals like grandparents, siblings, or other members who are dependent on the deceased person may also file a legal action. Every state has certain rules on who can be the representative for a deceased person's assets.
What Compensation May Be Available?
Wrongful death settlements can help recover all the losses that the deceased person's family members have experienced. Those losses can be:
Medical bills for the final treatment
Funeral & burial costs
Lost income the deceased person would have earned
Payment for emotional pain and suffering that family members have endured
Though every legal case is different, the average wrongful death settlement is approximately $750,000 in the U.S.A. But, this price can vary based on several factors such as income, age, and the reason for death of a particular person.
Taking the First Step
If you think that your loved one died because of some other person's carelessness, it is crucial to seek help from an experienced and skilled wrongful death lawyer. Most lawyers provide free consultations and also don't charge for any legal fees unless they win the case.
It is important to remember that most states have some time limits for filing a claim, so do not wait for a longer time. The wrongful death lawyer can help you:
Understand your rights
Look over what actually happened
Help you through the legal process with expertise and care
Final Thoughts
Though taking legal action won't bring your lost one back, it can help with financial security for your family members in the future, and also make sure that those who are responsible are held culprits. During this challenging period, you need support, and seeking legal action is the way to respect and remember your lost one and protect the future of your other family members.
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