The term wrongful death means a person was killed or has died due to the misconduct or negligence of another person. A lawsuit to seek compensation for the loss of the person, lost companionship, lost wages and funeral expenses may be filed by the survivors. The responsible party may have been at fault resulting in a car accident or excessive alcohol may have been served by a bartender to a drunk driver. There are numerous causes for wrongful death. The statutes vary between states but usually define who may receive damages from a wrongful death.
State laws generally allow a wrongful death suit to be filed by the surviving spouse, children, immediate members of the family and the parents of the deceased. The wrongful death statute is established by every state. This establishes the procedures necessary for a wrongful death action. Additional factors include the expenses, pain and suffering of the of the individual prior to death. This type of case is complicated and requires expertise in this area.
A wrongful death attorney Lafayette IN understands how the estate is passed on according to the will of the deceased. They are prepared to represent their clients in a criminal trial with a lower standard of proof. Even if the accused is not convicted of the crime due to a reasonable doubt, an experienced attorney may result in a civil jury awarding damages to the family of the deceased.
There are several important concepts for proving wrongful death. This must involve the death of a person resulting from the intention of causing harm or the negligence of another person. The surviving family members must be able to prove the death caused monetary injury. A personal representative must be appointed to the estate of the descendants. The main way damages are measured for wrongful death are injury, financial and pecuniary. The interpretation of pecuniary by the courts is the loss of inheritance prospects, services, support and funeral and medical expenses. The majority of the laws provide just and fair compensation resulting from the death. If the distributes were responsible for the medical care or the funereal of the deceased they may be granted these expenses by the courts. Any award for damages includes interest beginning at the time of death.
A lawsuit for wrongful death will be tried in front of a jury. An experienced attorney will try to work out a settlement deal to spare their client to cost of a trial. An attorney is capable of negotiating a much better plea bargain than the defendant. When a loved one dies due to an injury or accident caused by misconduct or negligence, emotions are running high. A lawyer can judge the merit of the case clearly. They will explain the potential of the case, the process required to file a wrongful death lawsuit and what will be required of the client. They provide the objectivity and skill necessary to win the case for their clients.