The death of a loved one is an incredibly difficult thing to process, no matter the circumstances. But, when the death is the result of wrongful actions by another person or entity, it can be even harder to process. A wrongful death is a death that occurs as a result of neglect, recklessness, or intentional harm by another person or entity. It is a tragedy that affects not only the family and friends of the deceased but also the community at large.
Wrongful deaths can occur in a variety of ways. Motor vehicle accidents, medical malpractice, hazardous working conditions, and defective products are all potential causes of wrongful death. In some cases, the death may be caused by a company or individual’s negligence, such as failing to provide a safe working environment or ignoring safety protocols. In other cases, the death may result from intentional harm, such as a violent crime or assault.
In today’s article, let’s take a closer look at wrongful deaths from a legal perspective. Here’s what you need to know:
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought against a person or entity whose negligence or misconduct caused the death of another person. It is a type of civil action that the deceased person’s family is against the party responsible for the death. Wrongful death lawsuits are meant to provide financial compensation to the surviving family members for their loss and hold the responsible party accountable for their actions.
Wrongful death lawsuits can be brought against various parties, such as medical professionals, employers, and product manufacturers. The most common wrongful death lawsuits are medical malpractice cases, in which a medical professional’s negligence resulted in a patient’s death.
Who Can File a Wrongful Death Lawsuit?
When a person dies due to the negligence or recklessness of another individual or entity, the deceased’s family may file a wrongful death lawsuit. Typically, the lawsuit is filed by the personal representative of the deceased’s estate. The personal representative is the person named in the deceased’s will or appointed by the court to manage the deceased’s estate. Sometimes, the personal representative may also be the deceased’s surviving spouse, child, or parent.
The wrongful death lawsuit must be filed within a certain period of time after the death. This time frame is known as the statute of limitations and varies from state to state. It is important to note that filing a wrongful death lawsuit does not necessarily mean the lawsuit will succeed. The deceased’s family must prove that the death was the result of negligence or recklessness on the defendant’s part.
Wrongful Death Claim vs. Lawsuit
Wrongful death claims and lawsuits are two terms that are often used interchangeably but have different meanings. A wrongful death claim is a civil action that must be filed by the deceased person’s family or estate representative. The damages sought in a wrongful death claim are intended to cover the financial losses suffered by the family due to the death, such as medical bills, funeral expenses, lost wages, and emotional distress. The court may also award punitive damages in addition to compensatory damages.
On the other hand, a lawsuit is a criminal action filed by the state or federal government against the responsible party. The purpose of a lawsuit is to hold the responsible party accountable for their actions. The court may award monetary damages, jail time, or other forms of punishment.
The Bottom Line
It is important for anyone considering a wrongful death lawsuit to seek the advice of an experienced attorney. They can provide guidance and advice on the legal process and options available, as well as assist in navigating the legal system’s complexities.
Furthermore, an attorney can assess the case’s merits and assist in pursuing the lawsuit. Ultimately, they can help ensure the best possible outcome for the case and be a valuable resource for those seeking justice for wrongful death.
If you are looking for wrongful death lawyers in Waldorf, Maryland, we can help you. Waldorf Injury Lawyers has injury lawyers dedicated to helping people receive the help and compensation they deserve. You can contact us today to learn more about our work and services. We’re located at 11701 Central Ave. Waldorf, MD 20601. Contact us online or call us at (301) 245-2559. One of our experienced Waldorf Maryland lawyers will surely assist you.
