Types of Wrongful Death Claims
One of the most devastating losses imaginable is that of a loved one. If you or someone you love has been harmed because of negligence or wrongful conduct, you may be eligible to file a wrongful death claim. However, it is also true that not everyone who has lost someone they love due to no fault of their own can bring civil suit and enjoy a full recovery as is often portrayed on TV. Below are different types of wrongful death claims and some essential considerations.
Wrongful death is the act of causing the death of a human being. Whether or not you can recover depends on whether or not the person or persons who caused your loved one’s death have been found to have acted in the process of negligence. For example, suppose you were injured in a car accident, and the other driver caused it and was found to be negligent. In that case, you could sue the driver and seek compensation for your physical injuries and other damages. It is essential to consult a wrongful death lawyer on how to go about filing the claim.
Survivorship actions are rare. However, they can be pretty lucrative. A survivor may have lost a loved one due to someone else’s negligence or purposefully wronged them in causing their death. However, they can still sue them for damages. This includes compensation for losing support or comfort to the surviving family members now that the deceased is gone. Other damages are pain and suffering experienced by the surviving family members due to their loved one’s wrongful death and the cost of funeral expenses.
Product Liability Actions
Product liability actions are very similar to wrongful death claims. However, in product liability cases, the plaintiff seeks money from a company that sold, distributed, or manufactured the defective product. In product liability cases, the plaintiff may be seeking compensation for physical injuries sustained due to being negligent or recklessly endangering them. This legal action is complicated and may not result in any recovery. However, if successful, it can still provide monetary compensation to the family members of those affected by it.
Assault and Battery Actions
These lawsuits seek compensation for physical injuries resulting from assault or battery. Assault cases are typically filed against the party who physically harmed the person or threatened to do so. Battery cases are usually filed against the party who came in contact with or touched the person in a harmful way or threatened to do so. These types of lawsuits can be combined with wrongful death claims if it is found that whoever injured the loved one was also negligent and was acting recklessly at the time of their injury or death.
There are a few critical considerations to consider when thinking about this type of lawsuit. For instance, are you married? Depending on your immigration status, you may be able to retain your right to file an injury claim against anyone who caused your injury while you were there illegally. However, if you have been granted amnesty, you may lose that right and be deported if you file on these grounds. Are you willing to risk being tortured or killed if you return to your native country? If so, it may be worth it. If not, you may want to consult an immigration lawyer or someone familiar with immigration law before filing your suit.
Wrongful death cases can be expensive and complex. This is why it is essential to get help from a qualified attorney as soon as possible. In some cases, the cost of hiring a lawyer will be offset by the compensation you receive if your case is successful. Finding a lawyer with experience with wrongful death cases may be your best bet for obtaining financial compensation.