Do You Have a Medical Malpractice Case?

Posted on: 2 February 2015

Accidents are one of the many unpleasant aspects of life, and while it is not uncommon for accidents to result in injuries, it is also possible for these accidents to lead to death. When this death is the fault of another person's negligence, it may be possible for your to file a wrongful death suit. However, if you have never been a part of one of these cases, there is a chance that you may need a couple of questions answered about this sad and complex task. 

What Distinguishes a Wrongful Death?

In order for you to be able to file a wrongful death claim, your loved one must have been killed as a direct or indirect result of another person's negligence. While this may seem like it would be difficult to prove, an experienced attorney will be able to accurately recreate the scene of the accident during their presentation to the court, and this will help the jury and judge better understand how the events were connected that led to the passing of your loved one. 

It should be noted that only the head of the estate for the deceased can file a wrongful death suit. However, it is possible for other individuals to be listed as plaintiffs in the lawsuit, and this will make it possible for you to receive compensation for your loss. 

What Compensation Can Be Recovered?

Unfortunately, the death of a loved one can carry a staggering set of costs. In addition to paying for medical expenses and burial costs, there may be other expenses that you can recover. For example, it may be possible for you to recover the lost income that the deceased would have contributed to the household. 

However, it should be noted that these rules can vary greatly depending on where the accident took place. Every state is allowed to adjust some of the rules governing wrongful death claims, and as a result, you will likely need to speak with an experienced attorney such as Hardee and Hardee LLP to determine which costs you will be able to legally claim in this lawsuit. 

Losing a loved one can be a remarkably painful experience to go through, and this can be made even worse if the death resulted from the negligence of another person. Luckily, the legal system makes it possible for you to pursue these claims in court to help offset some of the damages that were caused by the accidental death.

Understanding that the death must have resulted from negligence to file a case and that recoverable expenses can vary from state to state will help you better understand what is needed for you to obtain justice for the loss.