The grief of losing a loved one is very hard to deal with. However, matters are worse when the death is caused by someone else. These types of deaths result in wrongful death claims. These claims involve everything from car accidents to medical malpractice. If you have a claim, discuss the case with a wrongful death lawyer in Hawaii.
The Lawyer Establishes an Estate
Wrongful death lawsuits must be filed by an entity that represents the deceased’s survivors. This entity is known as an estate. If the deceased has a will, the wrongful death lawyer in Hawaii suggests the executor be in charge of the estate. If there’s no will, the lawyer petitions the court to appoint an administrator. The administrator is usually an immediate family member.
State laws vary, and life partners and putative spouses may be able to sue for wrongful death. A putative spouse claims they were married to the deceased. Indeed, in some areas, this may be a common-law spouse. Other states allow parties who claim a financial loss to file.
Individuals and Entities Can Be Liable
Many types of legal claims are wrongful death actions. For example, product liability cases can be wrongful death claims. An example would be victims who die because of complications from prescription drugs. Likewise, manufacturers can be sued if a faulty product causes a death. Additionally, a bar owner can be sued for serving liquor to an impaired driver who is later involved in a fatal crash.
Government agencies can also be liable. For example, the local government could be sued if they fail to close an icy road and a fatality occurs. Laws grant immunity to some government employees and entities, and that’s why it is crucial to have a lawyer. The lawyer may be able to find a way around the immunity shield.
Types of Damages
Survivors are entitled to economic and non-economic damages. Economic damages include the loss of a victim’s income, pension and benefits. Further, the estate should be reimbursed for medical and funeral expenses. In many jurisdictions, the estate can sue for the loss of a future inheritance. Non-economic damages include loss of consortium or mental anguish and suffering. For more information, visit Autoaccidentattorneyhonolulu.com.
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