Wrongful death occurs when someone dies, and it is someone else’s fault. When this happens, the family or survivors can file a wrongful death lawsuit. If you’re suffering from this kind of ordeal, seeking the help of a wrongful death attorney in Long Beach can prove to be most helpful.
Knowing What a Wrongful Death Is and Who Can Sue
Before, the United States didn’t have wrongful death claims. This is the time when the country is still following the ‘Common Law’ which they got from England. In the last century, they changed that. Today, wrongful death is recognized, and every state has a version of wrongful death law.
An example of wrongful death is when someone died from a car accident, and the person responsible is the other person, party or the car company. Another example would be in product liability cases or medical malpractice. Several people can be responsible for such cases, which include doctors, nurses and medical facilities. These people can be another person, a company, or a government agency.
A representative of the survivors must file the wrongful death claim. The survivors are called ‘real parties in interest.’ They are commonly the executors of the estate of the deceased. Every state may have different implementations regarding the ‘real parties of interest.’
The most common ‘real parties of interest’ are immediate family members. These can be parents, spouses, children, and adopted children. Another set of people who can claim a wrongful death suit are financial dependents and life partners. Assumed spouses are also included. Distant family like grandparents, brothers, and sisters can also request to file for this lawsuit. Lastly, the parents of a deceased fetus can file a claim for wrongful death.
Who Can Be Sued?
A faulty road can be grounds for wrongful death. Common defendants would be the driver at fault in a car accident, the builder of the faulty road or if there’s a government agency that did not provide adequate signage rd on the road of the accident, manufacturer, installer or distributor of a faulty vehicle or the people behind the impairment of the drunk driver.
There’s an exemption to this though. Some government agencies and employees are immune to this lawsuit. If they are immune, that means there is no case. Who is immune? This depends on the state where the accident happened.
Common Damages in Wrongful Death Situations
The first kind of damage would be economic damage. This includes the expenses for medical and funeral procedures in connection with the death, the expected earnings of the victim which was lost due to the death, the loss of the victim’s benefits, inheritance, and the value and services that the victim ‘would have provided.’
The next one is the non-economic damages which include the pain that the survivors have to endure because of the death and the loss of other emotions that the victim could give the survivors like advice, protection, care, and love. Another is punitive damage, which is given to ‘punish’ defendants for their conducts. The last one is interest and lawyer fees, which are self-explanatory.
A wrongful death situation is very tiring, and it can take a toll on the emotional health of the survivors. It’s important that the survivors seek help for this so that they remain strong and they can get some assistance when they’re feeling weak from the situation. It’s also important to believe in the law that justice will prevail and everything will turn out fine after the trial or settlement.
