When a victim dies as the result of the inappropriate conduct of another person, family survivors can submit a wrongful death claim under the law. Incidents such as murder are included in these types of legal claims. Most wrongful death legal suits are submitted after criminal trials. Therefore, these claims use the same body of evidence but require a lower standard of proof. So, even if a litigant is not found guilty in a criminal trial, he or she can still be sued for wrongful death.
How a Settlement Is Made
When you present this type of evidence to a wrongful death attorney, you must do so as the personal representative of the victim’s estate. When you present the suit, then you can include personal injury, pain and suffering, or the costs incurred before a decedent’s demise in the claim that you wish to submit. The compensation that is awarded in a wrongful death suit is provided to the estate. Therefore, the payment is divided and transferred to various parties per the instructions of the victim’s will.
The Elements That Must Be Shown in Order to Make a Claim
* When you speak to a wrongful death attorney, you must be prepared to show that the following criteria existed in order to file suit:
* Someone died from another person’s intent to hurt the person or from another party’s negligence.
* The remaining survivors in the decedent’s family have suffered monetarily as the result of the untimely death.
* A personal representative has been appointed for the victim’s estate.
* When the above elements are shown to exist, you will want to find out more information about filing a claim by visiting such legal sites as Chrisrichardattorney.com online. Wrongful death claims can arise from one of a variety of reasons, including the following:
* Medical malpractice.
* An airplane or auto accident.
* Exposure to dangerous substances or hazards on a job.
* Death that arises during a supervised event.
* Whatever your reason is for filing suit, make sure that you review your rights and contact a wrongful death attorney right away for an appointment and consultation.
