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Nothing can bring your departed loved one back. They have passed on and you are left to cope with the sense of loss and grief that is a consequence of this fact. Their death need not have happened. You are sure of it. And although you cannot alter this reality, you can get justice., A wrongful death claim can be filed against anyone who has caused the death of another through negligence or intentional harm. If you believe that recklessness, incompetence, inattention, malice, or premeditated violence led to the death of your loved one, then you should hire a wrongful death lawyer and file a lawsuit., Who Can File a Wrongful Death Claim?, The laws of each state govern who can file a claim. In general, such a suit can be filed by the surviving relatives of the deceased or a representative of their estate. In all states, the spouse of the deceased can file a claim, the parents of minors who were wrongfully killed can file a claim, and the children of parents can be compensated for the death of their parents., State law begins to vary when it comes to adult children, adult siblings, and extended relatives such as cousins, aunts, uncles, and grandparents. The more distant the relationship with the deceased the less likely the chance for filing a claim and collecting damages. However, you should consult your wrongful death lawyer to get clarity and certainty on the matter., Types of Wrongful Death Cases, The following are the most common reasons for following a lawsuit:, 1. Medical Malpractice, Physicians go through some of the most rigorous and thorough education and training in the world. That is why they are trusted to give sound advice to patients. They are also trusted to perform procedures and treatments skillfully and safely. If your loved one went in for what was described as a routine operation and did not live through it, you have every right to suspect medical malpractice., Surgical, diagnostic, and prescription error are a few of the most common kinds of malpractice. It may seem incredible, but it is nevertheless true that surgeons have been known to operate on the wrong body part and have thus put their patients in danger. The same goes for prescription errors. If a physician prescribes medication that was ineffective or that caused an allergic reaction, then you may have grounds to file a wrongful death suit., 2. Product Defects, You should expect the products you buy to be safe. An unsafe product that was put on consumer shelves is like a bomb that can go off any moment. It is unacceptable. And the company that makes it should be held accountable if your loved one died because they used it., If you lost a child because of a toy or other item designed for children, then you should file suit against the maker. If you lost a loved one because of some other type of product that malfunctioned or is inherently dangerous, you should likewise hire a lawyer and file suit., 3. Workplace Accidents, Everyone is entitled to be safe in the workplace. Even if they work in an environment that contains hazardous materials or equipment or involves carrying out dangerous evolutions, they should be given the training and tools necessary to keep yourself safe. The company should also conduct a thorough risk assessment to find and mitigate potential dangers. If the company your loved one worked for did not do this, if the management decided to take short-cuts in the name of saving money and your spouse died because of it, then you have grounds for filing a wrongful death suit., Don’t allow the corporation whose negligence and greed deprived you of the person you loved most in life to get away with it. You can get justice by taking them to court. The attorneys at West Coast Trial Lawyers have great experience in dealing this and are always there to help., 4. Auto Accidents, If you knew your loved one to be a careful and conscientious driver and yet the cause of their death was an auto accident, you should pursue the causes and conditions of the accident. You may find that the accident and the death of your loved one owed to the recklessness and inattention of the other driver., In such cases, the insurance company of the driver can be held responsible for compensating you for the death. Such companies have a standing policy of offering the lowest settlement possible. Their hope is that the offer will shut you up and dissuade you from taking further action. Do not fall for this ploy. If there is enough evidence to show that the fault clearly lies with the other driver, then you stand a good chance of winning a wrongful death cases against the driver., 5. Murder, A murder case must by law be taken up by a public prosecutor. If your loved one was murdered, the police will investigate it and, once the perpetrator is found, the state will pursue a conviction. Unfortunately, such cases do not always end in conviction. If the person you are convinced murdered your loved one is found not guilty, there are other options., You can file a wrongful death suit against them. This is a civil action, which means the standard of proof is “preponderance of the evidence” rather than “beyond a reasonable doubt”. This is a lower threshold, which can make a big difference, as many murder trials end in acquittal because of some minor technicality., The evidence from the criminal prosecution can be used in the civil action, which means you do not have to start from scratch in presenting the facts and arguments of the case., Many families faced with the acquittal of the person who murdered their loved one have taken the same person to civil court and won. The most famous example being the family of Ron Goldman, whose family remained convinced that O.J. Simpson murdered their son, and continues to this day to pursue the former football great and celebrity for money., The Impact of a Sudden and Wrongful Death, Wrongful death cases are not about revenge; they are about justice. The person you loved was taken from you for no good reason. The mental and emotional shock of the event is painful enough. But if your loved one was the sole breadwinner in the family, their death may also leave you in dire financial straits. Your wrongful death lawsuit may be an entirely practical matter. You may need the money to look after the material well-being of your family., How a Wrongful Death Attorney Can Help, West coast trial lawyers help people like you take on powerful person, corporations, and other interests. If your loved one was taken from you because of the misdeeds or negligence of another, it is your right to seek compensation. They specialize in this area of tort law. They will be able to gather the facts, employ the expert testimony, and bring the relevant parts of law to bear to get you justice., Here are some of the specific actions your lawyer will take in your case:, , 1. Gather the Facts, Your wrongful death attorney will begin with the police, insurance, or hospital report on the death of your loved one, but they will not stop there. Your lawyer will engage the services of a private investigation firm to carry out an independent analysis, review, and reassessment of the facts. These investigators may uncover new evidence or point out the significance of facts that were overlooked by the authorities., Re-interviewing witnesses is one of the first things they will do. Some people refuse to have any dealings with police. However, they may have no problem speaking to a private investigator. Your lawyer and their team will track down each witness and take statements that may shed new light on the incident that led to the death of your loved one., 2. Employ Expert Witnesses, Your lawyer will also hire forensic, accident reconstruction, medical experts, and other scientific and technical experts to describe and explain how the death occurred and who was responsible for it. If your loved one was in a car crash or was the victim of a malfunctioning product, accident reconstruction experts will use the evidence left at the scene to develop a simulation of how the accident unfolded., Medical experts and independent pathologists will make statements that explain the nature and cause of the injuries sustained by your loved one and how they died from them., 3. Using the Law, Your lawyer must prove that the actions or inactions of the respondent caused the death of your loved one, that they were obligated to act differently than they did, and that they owe you monetary damages as a result. If your lawyer has already amassed a pile of evidence against the respondent before the trial is scheduled to start, then they may opt to settle out of court. This will put your attorney in a good position to negotiate a settlement offer that is fair and adequate.
