When you hear the term “wrongful death,” you may wonder what exactly this means. At Schwalben Law Firm, we know it is important for you to understand this concept so you know when you need to take action.
FindLaw says that wrongful death means that someone’s negligence led to the death. Usually you must prove that your family has been financially affected by the death of your loved one and that someone meant to harm this person or was negligent in their duties. Additionally, the estate of your deceased family member typically needs to have a set person representing it. This representative is important because this person is usually the only one who can begin a wrongful death suit.
Sometimes wrongful death may also include personal injury. This means that before your loved one’s death, he or she may have experienced severe pain for a long period of time because of someone’s negligence. Most of the time, however, a court usually considers the pecuniary loss your family has experienced. This includes the income your family will no longer have access to. If your loved one had young children, this pecuniary loss can also include the guidance these children have lost because of their parent’s death. It is important to remember that winning a wrongful death suit does not automatically mean that the person liable for your loved one’s death will incur a criminal conviction.
While a wrongful death can occur under a variety of circumstances, medical malpractice may sometimes be the cause of your loved one’s death. This is because your loved one may have been neglected or incorrectly diagnosed, leading to his or her death. More information about this subject can be found on our webpage.