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What Qualifies As A Wrongful Death Lawsuit?

Wrongful death happens when a person dies or is killed as a result of another person’s negligence or misconduct, then the family members or the deceased individual may sue for wrongful death. This type of lawsuit seeks to provide the survivors with financial compensation for their loss. Although there may be a related criminal prosecution for the same act that caused the fatality, a wrongful death lawsuit is a civil action that is separate from any criminal charges.

How Much Is A Wrongful Death Lawsuit Worth?

There is a considerable range for a wrongful death settlement. There are a number of factors to consider when determining the amount of a wrongful death settlement including the availability of any insurance policies and the potential for comparative negligence on the part of the deceased individual. Additional factors include any related loss of consortium claims, loss of future earnings, and conscious pain and suffering.

Who Has The Right To Sue For Wrongful Death?

A member of the deceased person’s family can usually file a wrongful death claim against the party who caused the underlying accident. This person could be a parent, a spouse, or a sibling. Before the family member can pursue a wrongful death claim, they will first have to be appointed as the personal representative of their deceased individual’s estate.

Where Does The Money Come From In A Wrongful Death Lawsuit?

In both wrongful death claims and personal injury claims in general, the plaintiff usually receives a settlement payment from an insurance company due to the existence of an insurance policy. However, sometimes the plaintiff may be paid from the negligent party’s personal assets.

When Do Wrongful Death Claims Apply?

A wrongful death claim may arise after an incident occurs where the victim could have filed a personal injury claim against another party if they lived. For example, if a person died in an automobile accident, an incident that involved medical malpractice, or even if they were intentional killed by another person. All of those situations would give rise to a wrongful death claim.

Legal Help After a Wrongful Death

If a loved one passed away as a result an injury or accident that was caused by another person’s negligence or misconduct, you may be able to file a wrongful death lawsuit against the persona or company responsible for your loved one’s death. Certain deadlines do apply for wrongful death lawsuits, so consider reaching out to a lawyer right away to discuss your options.

Call or text Attorney William D. Keefe at 978-852-0914 for a free consultation.

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