Wrongful Death Lawyer
When you need help with your wrongful death claim, you might not be sure how to even start filing your claim. How do you know it as a wrongful death? What if the death happened by accident? Whether the death of your loved one was intentional or accidental, if someone else’s negligence caused them to be involved in a personal injury accident that ended up being fatal, it is a wrongful death. Although wrongful death suits can quickly become complex, below you will find more information on them through frequently asked questions and answers. You can bring justice to a loved one’s wrongful death, and ensure you and your family have the resources they need to begin the healing process.
Is a Wrongful Death Related To Personal Injury Law?
Personal injury law is also known as “tort law”, and it is the blanket law that protects people when a person’s intentional acts or negligence caused their harm physically, emotionally, or mentally. The injured party can sue the defendant to seek damages for their injuries. Similarly, if one person injures another and that injury goes so far as to cause death—whether intentionally or unintentionally—this is a wrongful death. Similar to a personal injury suit, a loved one can file a wrongful death lawsuit to receive damages for the pain and suffering that the victim incurred as well as damages for economic damages.
Is Wrongful Death Always an Accident?
No, wrongful death is not always an accident. For example, if a person is texting and driving, they hit another car, and that car accident kills the other driver, this is a case where the offending driver negligently caused the death of the other person. On the other hand, if two people are in an argument and one person hits the other person in the head with a rock, a court would likely consider this to be an intentional wrongful death.
Who Is Eligible To File a Wrongful Death Claim?
Not just anyone can file a wrongful death claim against the offending party. Typically, the only people who can file are the designated beneficiaries, like:
- A Spouse
- A Domestic Partner
- Parents Of a Deceased Baby
- Immediate Family: Biological Children, Adopted Children
- Financial Dependents
How Do I Know Wrongful Death Is Applicable?
When the deceased would have filed a personal injury claim after someone negligently injured them or intentionally injured them, but they died before they could file. A wrongful death claim is applicable.
What Elements Must Be Proven For Negligence In a Wrongful Death Claim?
There are a few things that the plaintiff must prove in a wrongful death claim. These are:
- There was a duty. The defendant owed a duty to the deceased.
- This duty was breached. The defendant breached the duty they owed the deceased.
- The defendant caused the accident. The plaintiff has evidence that the defendant caused the accident.
- This caused the death. The accident the defendant caused also caused the deceased’s death.
How Can I Proceed?
Filing a wrongful death claim can become tricky, particularly without the help of a lawyer experienced in wrongful death Washington, DC offers. If you have any other questions regarding a wrongful death claim, set up a consultation with an attorney.
Thank you to our friends and contributors at Cohen & Cohen, PC for their insight into wrongful death claims and personal injury.