Death is part of our lives and can take some time for the deceased’s loved ones to move on. But sometimes, it could have been avoided if not only because of other people’s irresponsibility and negligence. A wrongful death occurs when someone is killed or dies due to the other person or third party’s misconduct or negligence. In such cases, you should hire a wrongful death attorney in Long Beach.
One example of a wrongful is when a drunk driver has caused the death of a passenger or another driver. It may also occur in the medical field wherein medical personnel may have wrongfully diagnosed a patient and given the wrong medications that resulted in the latter’s untimely demise.
Filing a wrongful death lawsuit
A wrongful death lawsuit can be filed by the surviving spouse, a family member, or a relative. In the case of a stillborn baby, the parents of the unborn child can sue the medical personnel or the hospital if there is medical malpractice involved.
On the other hand, a wrongful death lawsuit can be filed against an individual or a company. Among examples include:
- A driver that has caused the death of a passenger, pedestrian, or another driver (e.g., drunk driving, DUI, driving without a license)
- Contractor/builder of a defective building or road
- A public agency that has neglected to provide prior warnings about a safety hazard (e.g., road construction, floods, etc.) that has caused an accident
- A company selling defective products that have caused the death of a consumer(s)
- An owner who served alcohol or any addictive substance to a person or a driver
The legal implications of wrongful death may differ from state to state. Nonetheless, the person or third-party responsible for the wrongful death should be held liable, and the people directly affected with the unfortunate event should be compensated accordingly.
Proving a wrongful death
There are several grounds that can prove that a wrongful death has happened. For one, the plaintiff should provide evidence that the defendant has done an action that has caused the death of the victim. One example is when a doctor has mistakenly given the wrong medication and dosage to the victim due to misdiagnosis.
Once the court has proven that there is indeed negligence on the defendant’s part, the deceased’s family will be given financial compensation. In legal terms, the defendant should provide compensation for pecuniary injuries. This mostly pertains to the financial and medical support incurred due to the wrongful death.
Most lawsuits, including wrongful death, can be expensive. That is why some lawyers work out ways to avoid such expensive trials. Nevertheless, any wrongdoing caused by an individual or an entity and caused the death of a person should be dealt with legally. Likewise, the surviving loved ones should be compensated with all the medical, financial, and even emotional damaged incurred due to the unfortunate event.
There are times wherein the death of a person is not due to a medical condition or other natural causes. In some cases, it can be due to another party’s negligence. The deceased’s loved ones can file a wrongful death lawsuit against a person or entity deemed responsible for the person’s untimely death. Compensation should be given to those who are left behind by the deceased person.