If you recently lost someone due to the negligence or intent of another person, then odds are you’ve heard about wrongful death actions. Can you file for a wrongful death action? Here are three facts about wrongful death that can help you determine whether you have a case. Of course, the best way to find out if you can file a wrongful death action is to talk with an experienced lawyer in wrongful death actions.
More Than Just Children and Spouses Can File
A lot of people believe that you have to be the child or spouse of someone to file a wrongful death suit. The truth is that you do not necessarily have to be the child or spouse. While these are the most common heirs to file a wrongful death claim, they are not the only ones who can. The main stipulation is that you have to suffer damages due to the death. If you suffered damages because of the loved one’s death or if you were a dependent of the person, then odds are you can file a claim. The best way to have certainty about your claim is to talk to a lawyer. He or she will be able to help you navigate you through the process.
The Death Doesn’t Have to Be Intentional
There is a misconception that death has to be intentional to file for wrongful death. If someone is intentionally killed, you can file a wrongful death action. However, this is not the only way that you can file. If someone dies as the result of an accident that could have been avoided by another person, then you may have a wrongful death case against said person. It has to be another person’s fault, but it can also be an accident.
Wrongful Death May Not Result in Court
Some cases never go to court. In fact, a large amount of cases wind up being settled out of court. This is more common than going to trial. This can be beneficial because you don’t have to deal with a lengthy court case. Instead, you can receive the compensation faster.
Wrongful death action is the best way to collect damages for medical costs, funeral costs, and for pain and suffering due to your loss. If you had a loved one die due to someone else’s negligence, then you may have a case. To find out more about wrongful death, contact a wrongful death attorney, like a wrongful death attorney in Lakeland, FL, today and set up a consultation.
Thanks to David & Philpot, PL for their insight into some of the facts and common misconceptions about wrongful death lawsuits.