There is no greater tragedy than losing a loved one. We never want to believe the worst, but when an untimely death is caused by the negligence of another, there may be sufficient grounds to file a wrongful death lawsuit. A wrongful death action is a legal process where surviving family members can receive compensation to help offset funeral costs, medical costs, dependent care, emotional loss and more. Although financial restitution can not alleviate your pain, it can help with unexpected expenses while you and your family adjust to your new life situation.
Causes of Wrongful Death
There are many possible causes of wrongful death. The most common negligent actions are listed below, but it is always advisable to consult with a qualified attorney who specializes in wrongful death litigation.
* Defective Products: If a company manufactures a defective product, they are liable for any damages resulting from the defect. The liability is compounded when the company knowingly fails to report the problem to distributors, retailers and consumers.
* Defective Drugs: Pharmaceutical companies who deliberately conceal dangerous side effects associated with the drugs they manufacture can be held liable for the consequences. FDA approval does not relieve a company of its obligation to provide safe and effective drugs.
* Injuries and Accidents: When a person dies because of the negligence of someone else, there may be grounds for a wrongful death lawsuit. Defective vehicles and unsafe workplace practices result in thousands of preventable injuries and accidents every year.
* Medical Malpractice: Hospitals and doctors do their best to provide quality medical care, but thousands of incorrect diagnosis and inappropriate treatments occur every year. If a mistake is the result of malpractice or negligence, a wrongful death action may be appropriate.
Compensation in a Wrongful Death Action
A wrongful death lawsuit is typically comprised of the following components
* The defendant exhibited negligence that resulted in liability for the victim’s death.
* The death was caused, at least in part, by the actions of the defendant.
* The victim has surviving family members or dependents.
* Monetary damages are appropriate in light of the circumstances surrounding the death.
Any court award in a wrongful death lawsuit goes directly to the family members who initiated the action or to the estate where it can be transferred from person to person as the will directs. There are several areas where damages can be awarded in a wrongful death lawsuit including:
* Hospital expenses
* Funeral costs
* Medical expenses
* Pain and suffering endured by the deceased
* Lost wages, pensions and medical coverage
* Financial support
* Mental distress
* Emotional pain
* Punitive damages
Finding Help
Since filing deadlines in a wrongful death lawsuit are rigid, it is important to contact San Diego Personal Injury Attorney’s as quickly as possible. They can explain your legal options and help develop a strategy to ensure you will receive just compensation if wrongdoing was a factor in a loved one’s death.