A lot of people die in accidents every day – particularly car accidents. Did you know that the people whose negligence may have inflicted such accident could be sued for a wrongful death case? Yes, this was created to help provide financial assistance for the ones left behind because of the unexpected death.
The death of a loved one is life-changing. It can give the lives of those left behind a complete turn. Especially if the death was due to an accident, the bereaved family is left hanging with barely an idea how to move forward.
To help the families of those who died in an accident, a law on wrongful death was created. This seeks to offer financial assistance to the orphans and widows who may have no way to go on. With the help of a Long Beach wrongful death attorney, the family left behind may seek compensation for the misconduct or negligence that has led to their loved one’s death.
The Legal Action Against Wrongful Death
A wrongful death lawsuit is a civil case often filed after a criminal case, which is tried based on almost the same pieces of evidence. After the criminal case is decided, the aggrieved party may go to the civil court and file a complaint to seek compensation for their loss. There are different statutes on wrongful death in different states, but the common goal is to help the surviving family recover financially from their loss. It could be filed by a surviving spouse, child, and other immediate family members.
To have a case of a wrongful death, first there must be the death of a human being and second, a piece of evidence that it was caused by another person’s negligence, misconduct, or an intent to inflict harm. It may be filed after proving that the surviving family is suffering from monetary injuries and may file for compensation for their loss, which may include the lost wages from the deceased and funeral expenses.
Any of the immediate family members or a personal representative may file for a wrongful death. In most cases, a wrongful death settlement out of court is chosen by the involved parties to avoid a costly trial. Instead of going to court, a Long Beach wrongful death attorney may negotiate for a better plea bargain that will help reduce the costs and inconveniences of the case. This, however, will all depend on the aggrieved party.
It is important that everyone involved is well informed of the dealings of the case. There is a lawsuit filing deadline imposed by some states so it is a must that a personal injury attorney is consulted immediately about the aggrieved party’s legal rights and the merits of a potential case. If a settlement is agreed upon, the aggrieved parties must have a fair and just compensation, as guided by the rules of law.
It’s never easy to lose someone you love to death, for whatever reason. It is somewhat a relief that if it happened in the course of an accident, because of the negligence and misconduct of another person, the bereaved family may be awarded compensation to recover from the expenses possibly caused by the accident and for the losses they will have to incur altogether. And it helps a lot to have a skilled and highly proficient attorney to be working on your side .