Wrongful death is a claim against an individual who can be held accountable for a death. The close relatives of the victim have the responsibility of bringing the claim into civil action.
According to Impact Law ford and associates, about 98,000 Americans die every year because of medical errors which are otherwise preventable. Filing a wrongful death case can be the only way to get justice and compensation for your loss. This lawsuit is not only confusing, but it can be complicated.
When can death referred to as “wrongful death?”
Someone is a victim of a wrongful death if s/he dies because of recklessness, negligence, or wrongful acts. In simple terms, wrongful death cases are personal injury cases involving the death of a victim. It is important to note that these lawsuits are always filed by the victim’s relatives.
Wrongful death lawsuits are similar to an auto accident, medical malpractice, or premise liability lawsuits. They are civil issues; thus they are heard in a civil court. If you intend to file this kind of lawsuit, consider seeking help from professionals such as Rockford wrongful death attorney.
Who should file a wrongful death case?
Children, dependants of the victim, or spouses can file this kind of case. The individual filing the claim has the responsibility of accounting for the settlements awarded. At times, the personal representative of the estate of the victim need to file the lawsuit in place of the Estate and not the individual family member.
A personal will and surrogate’s court appoint a representative to deal with the matters of the estate. Surrogate’s court approves settlements associated with wrongful death action.
What kind of proof do you need to establish a claim?
To start a wrongful death claim, you should submit proof of the …