According to attorney Farhan Naqvi, a wrongful death claim is when the family files a lawsuit due to the death of their loved one. The death may be due to a mishap, accident, or fault of another party. Therefore, it is sudden, painful, and wrongful as the victim is not at fault. Such deaths are tragic, and it is difficult to overcome the pain; hence you need an expert lawyer by you during this tough time.
What Kinds Of Deaths Are Wrongful?
A wrongful death claim is indeed a personal injury claim if the deceased was still alive. It is of vital importance to understand what circumstances or which situations can lead to the claim. Mostly, such claims arise if another person is responsible for the death due to homicide. Here, the accused is directly responsible for the tragedy.
Another situation will be if one is a victim of medical malpractice. If the doctor or surgeon is incompetent and did not take care properly, resulting in death, it is wrongful. If the doctor fails his responsibility towards the patient and indulges in negligence or wrong treatment, it is a serious offense.
Wrongful deaths can be due to accidents on someone else’s property due to their ignorance or negligence. Suppose they forget to put warning signs or inform the victim of the possible dangers, leading them to their death. It is a classic situation for a wrongful death claim. Such accidents can be car accidents, workplace accidents, slip and fall, and others.
Who Can Make The Claim And When?
There are only a few individuals who can file a wrongful death claim. Please check with your lawyer and do your research before deciding to file a case. If you are a direct family member of the deceased like a partner, spouse, child, or parent, you may claim. If there is a personal representative of the deceased’s estate, they, too, can make a claim.
Understanding against whom you can file a claim is essential. You can file it against the wrongdoer, their employer, if any, or someone who influenced the wrongdoer in any way. You need to be aware of a few things before filing the claim, hence analyze the situation properly.
Let us take the example of a road accident to understand the situation. Suppose you lose someone to a car accident case. In that case, you can hold the driver, the employee, responsible. Also, if he is found in a drunken state, then you can question the owner of the bar or restaurant. Also, if there is a manufacturing defect, you can file a claim against the manufacturing company.
Similarly, if someone is working in a factory and the employer does not provide safety gear and leads to death, you may file a case.
To Sum It Up
Despite such deaths being tragic, it is essential to take matters very seriously. Please take the advice of an expert, experienced lawyer who will help you frame your case and handle it efficiently.