Death and the loss of life is always difficult to handle for those who are left behind. However, when you lose someone you love due to someone's blatant negligence or endangerment, it can be even more emotionally trying. Looking for a way to come to terms with the fact that someone has taken your loved one inadvertently can be down right devastating. If you choose to seek the services of a wrongful death attorney, there is no doubt that you will be left with a lot of questions about what to expect. Here are a few of the most frequently asked questions and concerns.
What relative should be the one who files for a wrongful death suit?
There are regulations as to who can file a wrongful death suit in each state. However, in normal cases, the closest living relative will be the one who initially seeks legal counsel. This would be the parents, spouse, or children of the person who lost their life. However, it is not uncommon for siblings to be left responsible. In a lot of cases, family members will work together once the initial claim has been filed.
What scenarios would establish grounds for a wrongful death suit?
Basically, any situation when a person loses life because of negligence or behavior that would be deemed reckless, would be grounds for filing a wrongful death claim. However, there are scenarios that are most common. Some of the most common reasons for filing include:
- Exposure to chemicals or toxic substances, such as radiation, asbestos, or cancer causing agents
- Violent actions, such as an assault, armed robbery, or otherwise
- Automobile accidents
- Death during construction
- Industrial related accidents
- Defective medical devices or medications
What will have to be proven in the claim in order to see a successful outcome?
In a wrongful death suit, the burden of proof lies in finding that the person responsible for the death was in fact, negligent or reckless. For example, if your loved one dies as a result of an automobile accident, this will not normally constitute grounds for a claim on its own. However, if your loved one dies as a result of a car accident because of the negligence of a trucking company that allowed an overloaded log truck on the roadway, this could be considered negligence.
If your loved one has died as a result of the behavior of another person or company, it is important to talk to a wrongful death attorney, like those at Law Offices of Anthony L Coviello LLC, as soon as possible. You may be entitled to damages that can include substantial payment amounts meant to help you cope with your loss.
