Wrongful Death Attorney
The death of a loved one is never easy to deal with, especially if the person died due to the negligence of others. If a person dies because of the negligence of another, the family members of the victim may file a case for wrongful death. Wrongful death claims that require– compensation for losses of the victim. These include lost income from the victim, funeral expenses, etc.
Common questions related to wrongful death are as follows: who can file a case, when does wrongful death occur and what benefits can the victim’s loved one acquire. During the last century, various states and courts all over the country took the same action in dealing with wrongful death. Nowadays the law varies from state to state regarding wrongful death claims. You will need to find a knowledgeable local wrongful death attorney.
Who Needs Help From A Wrongful Death Attorney?
A member of the victim’s family can file a wrongful death claim. In legal terms, they are called the “real parties in interest.” The representative is often the executor of the lost person’s legal compensation. However, it is important to note that the “real parties in interest” may vary from state to state. Some of these persons include:
1. Immediate Family Member – Family members like spouses and children, including those who are legally adopted, and parents of unmarried children can recover losses under wrongful death actions.
2. Financial Dependents and other partners – In some states, a life partner, or anyone who is financially dependent on the lost family member, and the person who was married to the victim, may have the right of recovery.
3. Distant Members of the family – Other states allow more distant relatives (such as sisters, brothers and grandparents) to file a wrongful death lawsuit.
4. All persons who suffer financially – People who suffer monetary challenges due to the death of the victim, even if they are not a member of the family by blood or by marriage to the victim, may still be able to be compensated.
5. Parents of a deceased fetus – The death of a fetus can also be the basis for a wrongful death suit. These are just common types of individuals who could act as beneficiaries of the case. However, some states have different laws to follow. Consult with your Tim Bowden on the legalities of your case.
When Does Wrongful Death Occur?
Wrongful death claims involve various types of fatal accidents, from a simple accident or a car accident to serious medical negligence and product liability cases. Persons, companies and governmental agencies causing an accident can be legally accountable for committing negligence. As in the case of intentional negligence/harm, the outcome is the same, again, we would like to emphasize you should inquire through a professional wrongful death lawyer such as Tim L. Bowden regarding the cause of the accident/death.
What Benefits Can the Victims Acquire?
Each state allows the members of the family (or other parties connected to the victim) to file a lawsuit that will allow you to receive compensation for your loved one’s death. Factors that will be considered by the courts when deciding on the benefits are as follows:
- Medical and funeral costs
- Monetary savings of the deceased
- Dependence of the survivors on the deceased
- Earnings of the victim
- Loss of companionship
There are other forms of compensation– that may not be mentioned above. Contact one of the wrongful death attorneys at Tim Bowden to check on what other –compensation you may procure.
Dealing with the pain caused by the loss of a loved one is one of the most difficult times of a person’s life. When another person’s negligence caused your loved one’s death, the grieving process may be increased and intense. You have the right to file a wrongful death case and you also have the right to acquire the financial compensation you and your family deserves. In dealing with these matters, Tim L. Bowden, Attorney at Law can help you gain the compensation you deserve. Call us today for more information.