The term “wrongful death” may be misunderstood when filing a lawsuit. Many people assume that if someone is killed in an accident, there can automatically be a wrongful death lawsuit against the person or group responsible for the accident. Although this is often the case, there are times when wrongful death suits are inappropriate or impossible. Additionally, there may be damages that are granted in some wrongful death lawsuits but not in others. In order to fully understand what a wrongful death lawsuit is and how it applies to any given situation, it is helpful to look at the facts and laws surrounding the term.
No one wants to imagine that a loved one could be the victim of a fatal accident. Unfortunately, it happens every day: a loving family loses someone due to the negligence or carelessness of another party. While the person who died may not be able to seek justice, family members can through the process of a wrongful death lawsuit.
You may have heard the term “wrongful death claim” without truly understanding what it means. It is obvious that a “wrongful death claim” includes a victim’s death, but who brings such a claim against a defendant? How do you know if a death is wrongful or just an accident? What type of compensation is available for wrongful death and who collects it?
These questions are all good ones to pose to an attorney who focuses on wrongful death and personal injury, like those at Barber & Associates. Here are some facts about wrongful death cases that will help you understand this sometimes confusing area of the law.