Losing a loved one will always be a painful experience. No matter who you are, there will always be a part of you that grieves or hurts because someone you loved is no longer with you. But, while it is hard, it’s also a fact of life that we all have to face. Everyone dies. It’s just a matter of when it’s your time to go.
For some people, accepting the loss of a loved one is pretty easy to do. It just depends on the circumstances. For example, sometimes the person we love has been sick for quite some time, and it was only a matter of time before it was their time to move on. In other circumstances, our loved one has already lived a long and fruitful life, and it’s just about time for them to go. In these situations, it’s less difficult to accept that it was already their time. But, in other circumstances, it may not be as easy.
Sometimes, when a loved one dies, it’s not because of natural causes or as a result of an illness. Sometimes, their death could be a result of another person’s actions. This would make it all the more painful for the deceased’s family members, especially because this could have been avoided. While nothing can bring that person back to life, there are still some ways to help the family through this difficult situation. One such way would be to file wrongful death claims.
A Wrongful Death Claim?
When one’s death is caused by another person, whether intentional or due to negligence, this is considered “wrongful death”. A person can then make a wrongful death claim against the person responsible for the said act. By doing so, you’re practically suing the person and taking them to court.
When Is This Applicable?
These wrongful death claims can apply to any situation where a person could have had a chance to make a personal injury claim but instead passed due to a person’s actions. Some instances where you can make these claims would be: when someone intentionally killed another person, when a person dies due to a car accident, and even due to medical malpractice. There are several situations where a wrongful death can be applicable. But for as long as the death was a result of another person’s intentional or reckless actions, there is a chance you can make these claims.
Who Can File This Claim?
Just about anybody can file a wrongful death claim for a deceased person. Usually, it is done by a member of the victim’s family. If there are no available family members or relatives, then an authorized representative can be the one to make that claim. In some states, either option may not be a problem. But in other states, distant relatives or representatives with no familial relationship with the deceased may not be able to make a claim as easily. If you or someone you know finds yourself in this situation, it would be best to understand your state’s requirements when making these claims.
How Is It Proven?
Just like in any other case presented against a person, the burden of proof for a wrongful death claim rests on those representing the victim. So, one has to prove that the person being sued did carry out an act that was reckless and harmful to the deceased, resulting in their death.
For example, in a case of medical malpractice, one would have to prove that the healthcare worker needed to meet a certain standard level of care. They would have to show that the worker did not meet that standard of care, which ended up causing harm leading up to the victim’s death.
How Can I Go About The Process?
There are several ways by which you can go about the process of making a wrongful death claim. First, you can do it yourself, do all the paperwork, file it in court, and then attend the hearings. You also have the option of getting legal counsel before you go about filing it.
By getting legal counsel, you have the chance to talk about your case with your attorney. They can get a better picture of the situation and what happened, get into the specifics, and help you build a strong case against the person responsible for the death. They can then help you with all the paperwork, filing your claim, and even going with you to any hearings that you might have.
With the help of legal counsel, you’re at least getting help from someone familiar with the ins and outs of these types of cases. They’re also familiar with the law and the legal process, so you’re at least assured of a helping hand to guide you throughout the whole ordeal.
Why Should I File A Wrongful Death Claim?
There are a lot of reasons why one would file a wrongful death claim for their loved one’s death. For some, it’s because they want to get justice for what happened to their spouse. While they may never get the life of their loved ones back, it could help bring some form of relief to their relatives if the person responsible gets what they deserve.
For others, it’s because they’d want to get compensation for their loss. For example, a person’s negligent acts could result in the death of a breadwinner. This could cause many financial problems for a family that’s heavily dependent on that now-deceased member. So, they could file this claim to help get compensation for what they’ve lost. Of course, compensation could differ depending on the state where you live. But, it is compensation nonetheless.
It could also be a combination of these two reasons or a completely different reason altogether. Whatever the reason is, filing a wrongful death claim can at least help bring some form of comfort or closure to the loved ones of the victim. Justice can be served, and they can also be given some form of what they’ve lost. It might not be much, but it could still do a lot to help those grieving.
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