A Guide for Taking a Wrongful Death Case to Court

When it comes to a wrongful death lawsuit, it’s obviously an emotional time for everyone involved. There is rarely a worse feeling emotionally than losing someone you love. It can take an emotional toll on anyone. When you throw in a wrongful death case, it can make things even more heart wrenching knowing that this person’s passing could’ve been avoided. It can be difficult but once you have accepted this reality and are ready, you can take the next steps to file a wrongful death lawsuit with the help of a reputable law firm. Here is how you can move forward in court with a wrongful death case.

Knowing What Is Wrongful Death

A family may file for the wrongful death of the victim if that person’s demise was caused by conduct deemed as unjustified. There are wrongful death statutes in each state but they have differences. The state’s rules will determine who can sue for wrongful death and what the limitations might be. You should also be aware that wrongful death isn’t the same as other crimes. If someone has been acquitted of murder or manslaughter, they can still be sued for wrongful death.

Does A Wrongful Death Have To Be Intentional?

The answer is no. A wrongful death lawsuit can be for an intentional or unintentional demise. There are a few examples of what would constitute intentional and unintentional wrongful deaths. If someone is punched following an argument and that leads to death, that would be viewed as intentional by law. If someone is operating a vehicle and accidentally strikes someone, causing a fatality, that would be unintentional. Regardless, a wrongful death lawsuit can be filed. In the case of unintentional deaths, the person in question can be sued for negligence.

It’s important to remember that you can not sue for wrongful death for an unborn fetus as there are no legal rights until one is born. The exception is if an injury is caused before a baby is born and the infant ends up dying after birth.

Lord Campbell’s Act

British Parliament proposed this act in 1846. Under this act, a wrongful death claim can only be made by the beneficiary in accordance with the statute. Only the specified group of people will be able to file a claim. In the event that no family members are living, beneficiaries of a new group can file a claim. If neither group is available, no wrongful death claim can be filed.

Who Are The Beneficiaries?

The beneficiaries are defined in the statute. These include immediate family members, distant family members, financial dependents, domestic partners, and parents of a dead fetus.

There is a lot to take in when you’re looking to file a wrongful death case. It’s important to know what rights you have when it comes to a fallen loved one. Whether the death was intentional or unintentional, a wrongful death claim can be filed so be sure to stay on top of things.

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