How Do I Know If I Have a Wrongful Death Case?
Call (800) 863-5312 to Speak with a Wrongful Death Lawyer for Free
The event of a loved one’s passing, in whatever way it happens, is never easy. However, it is even more difficult when that loved one perished as the result of negligence or misconduct.
If an individual wishes to pursue a claim for wrongful death, he or she must be the personal representative of the deceased’s estate. Additionally, cases for personal injury, suffering, conscious pain, and expenses acquired as a result of the decedent’s death must also be requested by the personal representative.
If you have lost a loved one in an accident, call Zinda Law Group at (800) 863-5312 for a free case evaluation with a skilled and compassionate wrongful death attorney.
Factors in a Wrongful Death Lawsuit
Wrongful death suits are cases in which an individual dies or is killed due to the misconduct of another, and a member of the family sues for recompense. Often following a criminal trial, wrongful death lawsuits rely on similar evidence as a criminal trial but require a lower margin of proof. In any case, an individual found legally responsible for wrongful death of another may or may not be convicted of an actual crime tied to the death.
As painful as the process is, the passing of every individual does not qualify as a wrongful death case. In order to be considered a suit for wrongful death, the following factors must be present:
- The death of a human;
- Cause of death caused by another individual’s negligence or intent to harm;
- Monetary suffering and injustice of the deceased’s surviving family as a direct result of the passing of the individual; and
- An established personal representative of the deceased’s estate.
Consideration of Wrongful Death Claims
A number of typical circumstances merit wrongful death claims. Common events associated with wrongful death claims include:
- Medical malpractice resulting in the patient’s death
- Automobile accidents
- Exposure to hazardous conditions or substances on the job
- Criminal activity or behavior
- A supervised activity resulting in death
One of the main considerations involved in determining the damages in a wrongful death action is that of financial injury, or pecuniary injury. This determination most often includes the loss of support, lost potential inheritance, and loss of companionship, as well as medical and funeral expenses.
Most laws and court systems rule that the damages awarded in a wrongful death case be fair and just compensation in accordance with the pecuniary injuries resulting from the death.
Factors considered when determining pecuniary loss include the following considerations of both the decedent and the distributees:
- Character and condition
- Earning capacity
- Life expectancy
- Health and intelligence
- Additional circumstances, both financial and physical
Get Help from Experienced Wrongful Death Attorneys
With so many factors involved, determining the validity of a wrongful death claim is often difficult and complicated. This is why it may be in your best interest to seek a wrongful death lawyers who will fight for the compensation and justice you deserve.
At Zinda Law Group, our nationwide wrongful death lawyers have the knowledge and experience necessary to help you build the strongest case possible and pursue maximum recovery for medical bills, lost income, pain and suffering, and much more.
Our firm also believes that grieving families should never have to worry about being able to afford superior legal representation. That is why we offer 100% free consultations, and why you will pay nothing unless we win your case. That’s our No Fee Guarantee.
If you or a loved one has been affected by a wrongful death case, call Zinda Law Group at (800) 863-5312 to receive your free consultation with a knowledgeable and compassionate wrongful death attorney.
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