Lost Someone Dear To You Due To Auto accidents or Someone's negligence? Learn How To Bring Justice.
It can be quite difficult to lose a loved one because dealing with the pain and learning to live with it takes time. This can even be harder if you lost a loved one because of the negligence of someone else, including auto accidents, medical malpractice, nursing home abuse or neglect, product liability, as well as work-related accidents. In this case, the whole thing could have been prevented and you can still be with the one dear to you to this day. If you want to bring justice to the death of your loved one, then below are some of the things that you need to familiarize yourself with.
Losing Your Loved One Due to Negligence of Another
When you lose a person you love, you will most likely grieve for a long time because of their passing. However, your hurt can even be coupled with anger in case you lost your loved one because of the negligence of another. This is often referred to as wrongful death and you can file a lawsuit to get the justice that your loved one deserves. However, the law encompassing this can slightly vary from one state to another, which is why you should ensure that you get in
touch with a lawyer who will be able to guide you through the process accordingly.
Common Causes of Death Due to Negligence
Some of the most common causes of death due to the negligence of another person include auto accidents, medical malpractice, nursing home abuse or neglect, as well as work-related accidents. One of the reasons you may want to file for this kind of claim, apart from seeking justice, is to receive due compensation, helping you ease the financial burden you may be experiencing because of the death of your loved one. Some people file this kind of claim or
lawsuit because, for them, it will bring closure to the death of their loved ones.
lawsuit because, for them, it will bring closure to the death of their loved ones.
Who can sue for this claim?
When it comes to a claim for a death that could have been prevented, the claim must be filed by a representative of the survivors. More often than not, the representative is also the executor of the decedent's estate. On the other hand, the survivors who suffer damage from the death of the descendant are often referred to as the real parties in interest.
● Immediate Family Members
In most states, the immediate family members of the one who died due to negligence are legally allowed to file a claim for the death of their loved one. This includes the spouse and children of the one who passed away, as well as the parents of those who are unmarried. Even legally adopted children are eligible to make a claim.
● Life partners, financial dependents, and putative spouses
Some states allow a domestic or a life partner to file a claim in case their loved one died because of negligence. They are sometimes referred to as the putative spouse or a person who had a good faith belief that he or she was married to the victim. In this case, even those who are financially dependent on the decedent can also file the lawsuit.
● Distant family members
Because the laws of different states slightly vary, some allow even distant family members to file a lawsuit in case of negligence resulting in the death of their loved one. In this case, a grandparent raising a child may be allowed to file the claim. There are also instances wherein persons who are suffering financially due to the passing away of the person are allowed to
make the claim or file the lawsuit. This is possible even if they are not directly related by blood or marriage to the victim.
In most states, the immediate family members of the one who died due to negligence are legally allowed to file a claim for the death of their loved one. This includes the spouse and children of the one who passed away, as well as the parents of those who are unmarried. Even legally adopted children are eligible to make a claim.
● Life partners, financial dependents, and putative spouses
Some states allow a domestic or a life partner to file a claim in case their loved one died because of negligence. They are sometimes referred to as the putative spouse or a person who had a good faith belief that he or she was married to the victim. In this case, even those who are financially dependent on the decedent can also file the lawsuit.
● Distant family members
Because the laws of different states slightly vary, some allow even distant family members to file a lawsuit in case of negligence resulting in the death of their loved one. In this case, a grandparent raising a child may be allowed to file the claim. There are also instances wherein persons who are suffering financially due to the passing away of the person are allowed to
make the claim or file the lawsuit. This is possible even if they are not directly related by blood or marriage to the victim.
Who can be sued for this claim?
Various people can be sued for the death of a person because of their negligence. For instance, in a vehicular accident that involves a faulty roadway as well as a drunk driver, the defendants may include both the driver and his employer, particularly if the car involved in the accident is a company-owned vehicle. Even the designer of the faulty roadway can be at fault.
In the same manner, a government agent who failed to provide adequate warning about the road condition can also be found at fault. Some other people who may take part in the blame include the manufacturer or distributor of the dangerous part of the vehicle, persons who sold the liquor, as well as the owner of the premises where the alcohol was served. However, proving who is to blame because of their negligence proves to be a different story or challenge.
In the same manner, a government agent who failed to provide adequate warning about the road condition can also be found at fault. Some other people who may take part in the blame include the manufacturer or distributor of the dangerous part of the vehicle, persons who sold the liquor, as well as the owner of the premises where the alcohol was served. However, proving who is to blame because of their negligence proves to be a different story or challenge.
How does the lawsuit work?
In case you are determined to file a lawsuit, in an attempt to seek justice for the death of your loved one, then you need to familiarize yourself with how the lawsuit works. For instance, if you are one of the surviving family members, then you need to be able to prove that the death of your loved one was not because of their actions but because of the negligence of the other party involved. You should also be able to provide pieces of evidence that you suffered a measurable amount of damages because of the passing away of your loved one. Some of the ways that you may benefit from this kind of claim include being compensated for your pain and suffering, as well as your lost wages or profits. You may also be compensated for your loss of the relationship, as well as your expenses for medical and funeral costs. Rest assured that almost all settlements under this claim are not subject to tax charges.
When you lose someone dear to you because of the negligence of another person, you can always bring justice. In this case, what you need to do is to get in touch with a legal professional who will be able to help you do so. Rest assured that they are the ones in the best position to guide you through the process, looking out for your best interests, and for justice to be served
accordingly.
accordingly.