A Time of Loss: When You Lose a Loved One and Someone is at Fault

A Time of Loss: When You Lose a Loved One and Someone is at Fault


Losing someone you love is often a great shock. Add to this a fog of grief and sadness, and thinking clearly is nearly impossible. However, we usually come around at various times to contemplate the cause of death. When we do this, we might realize that in fact, someone else is to blame for our loved one’s loss of life. If this has ever been the case for you, you should consider a wrongful death lawsuit.


What Constitutes Wrongful Death?


Wrongful death cases are civil lawsuits brought about by the survivors of the decedent, whether or not the state has chosen to prosecute. Wrongful death cases also come about regardless of the accused’s intention; that is, it may be their carelessness that led to the death.


A good example of this would be a driver who unknowingly runs a red light, killing an occupant in either their vehicle, or any other vehicle involved in an ensuing accident. If they were drunk, the bar that served them might even be slapped with a suit.


Wrongful death suits can also be brought about due to medical malpractice, where a doctor could have reasonably prevented the death with appropriate care. It can also apply to manufacturers who sold faulty, dangerous products and equipment. In some states, even the government can be sued, if the condition of a bridge or road is to blame.


Employers can also be sued for wrongful death if they failed to provide warnings, safe equipment, and other provisions for an employee who died on the job.


Who Can Sue and What Kind of Damages are Involved


Most places give you a relatively brief period of time during which you can sue for wrongful death, so get started with an attorney right away. Choose one in your area that specializes in these suits, such as https://www.robinettelaw.com/west-virginia/morgantown-wrongful-death-attorney/.


The first thing to know is whether or not you are the right person to file the lawsuit. Parents, children, and spouses are pretty much universally accepted as people who can sue for damages. From there, it all depends on your location. If the person you lost was a domestic partner, niece or nephew, or someone you were financially dependent on, check with an attorney to see if you have recourse.


Next come the damages you’re suing for. Commonly included here are funeral expenses, as well as any medical bills incurred around the time of death. Additionally, families and loved ones often sue for lost wages, or future earnings, that the decedent would have contributed had they not died.


Finally, there is pain and suffering. How do you put a price on a feeling? These damages are not always awarded, but when they are, it’s usually because the negligence was particularly egregious, and the death was very traumatic.


When the world comes crashing down on you, the last thing you might think about is meeting a lawyer and rehashing the events that led up to your loss. Yet for some, the regret of never exploring whether or not the person responsible can be held legally accountable is painful, too. Get the support and healing you deserve, and speak to an attorney about a potential wrongful death suit.

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