Wrongful Death: How to qualify one?

Wrongful Death: How to qualify one?

 When can we say that the case is wrongful death?

Legal litigation and the process itself is pretty confusing for starters and most of them may tend to commit bad decision and move such as giving bad statements and settling for lower claim value as a victim. That is the intricacy of civil litigation itself, and the addition of specification and identification of each case is confusing as the procedures as well. One type of legal case that is lumped with other case is wrongful death. 

Wrongful death claims are filed against a defendant from victim's, who was dead caused by negligence and malice by the defendant, family and closest kin in their family to be entitled to file a claim against him and they ought to receive the benefits of the claim being filed. 

When can we call a case is a Wrongful Death Case? 

A wrongful death case exceptionally being filed only when someone has died under these circumstances:

  • The defendant intentionally killed the victim
    It is imperative when a defendant is proven with strong evidence that he has killed someone intentionally, he is immediately get sued or filed for a wrongful death claim, ignoring the method or means of killing the victim. 

  • If the death of victim caused by a form of Medical Malpractice
    Medical malpractice that has resulted in to a death of someone, it could transition in to a wrongful death case. For an instance, if a doctor fails to give proper medical attention and assessment of a patient under his/her care and it was discovered that it caused the death, then the doctor is liable for its death. Though, there is some ambiguity in identifying if a case is whether medical malpractice or wrongful death in some cases. 
  • Accidents on road involving proven negligence
    A negligent driver could be charged wrongful death when he is at-fault and the other driver has died due to his negligence. 

Damages dealt by Wrongful Death
In an event of someone's death, aside from financial damage, the permanent damage it left such as emotion and family loss could be devastating and here are others: 

  • Pain and suffering pre-death by the victim (called survival claim)

  • Financial expenditure from pre-death medical treatment 

  • Funeral and burial financial expenditure

  • Potential Income of the deceased person and his/her guidance and contribution to the family

Ryan LLP

If ever one of your family members or closests friend has been involved in an accident who have sustained either minor or significant injuries and even a possible death as he/she is facing death inside hospital because of the driver that has shown apparent negligence and recklessness, you can always refer help from a professional experienced injury lawyer to smoothen things out as your hired lawyers can help you decide from their factual and legal advices. 

Ryan LLP is an Ohio based injury lawyer that represents victims of personal injury caused by car accidents, medical malpractice due to medical professional's negligence, and even wrongful death against large companies, agencies and even individuals. We have 40 years of experience doing our service in this field and evidently successful with our civil litigations. Call our office now for free legal consultation. 

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