WRONGFUL DEATH

A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity.

An action for wrongful death belongs to the decedent's immediate family members (often called "distributees"). The most common distributees are surviving spouses and children, and sometimes parents.

The lawsuit may only be brought by the personal representative of the decedent's estate. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions.

Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will.

To Bring A Successful Wrongful Death Cause of Action,
The Following Must Be Present:

• The death of a human being
• Death caused by another person's negligence or with intent to harm
• Survival of family members who are suffering monetary injury as a result of the death
• The appointment of a personal representative for the decedent's estate

The Following Situations May Result In a Wrongful Death Suit:

• Medical malpractice resulting in death
• Automobile, airplane, or other type of accident
• Occupational exposure to hazardous conditions or substances
• Criminal behavior
• Death during a supervised activity

In order to be eligible for a wrongful death settlement, it is important to bear in mind statute of limitations requirements. Statutes of limitation restrict the amount of time during which a wrongful death settlement case can be filed. Each state has different laws that govern statutes of limitation and other laws related to a wrongful death settlement.

When a person is eligible to file a wrongful death suit, the defendant''s insurance company will often be involved in negotiating a wrongful death settlement. It is greatly beneficial to retain the services of a qualified and experienced attorney who can help an injured party seek fair compensation for their suffering.

If negotiations cannot be reached in dealing with the defendant''s insurance company, a person has the legal right to seek a satisfactory wrongful death settlement through a court judgment. This makes it so that the judge has the final authority over the amount of compensation that will be awarded in a wrongful death settlement, rather than the defendant''s insurance company. In cases where the insurance company is not willing to provide sufficient reparations in a wrongful death settlement, a court judgment can be more successful in benefiting the victim.

In order for a court to award a wrongful death settlement, the burden of proof rests on the accuser. This means that a victim must prove that one party''s negligence or actions caused the fatal injuries suffered by the decedent. Proof of the damages that were caused will factor into the amount of compensation that is awarded through a wrongful death settlement. A wrongful death attorney can help to protect and maximize a person''s interests in a wrongful death settlement case

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