Wrongful death is that which occurs due to fault, negligence or misconduct of a person or entity.
A wrongful death lawsuit is a civil action that is brought when a person dies in a traffic accident, due to medical negligence or defective products among other circumstances.
The death of a loved one under any circumstance is undoubtedly a traumatic experience, but when it occurs suddenly, in addition to the emotional damage it generates in the survivors an economic suffering that while not comparable to the feeling of loss, it can cause the conditions of an entire family to become unbalanced by losing the main provider of income.
At Conexión Legal we understand that in a moment of deep pain, a wrongful death lawsuit will not bring your loved one back, but we do want to help you get answers, justice and recover your financial position, which is why we want to tell you how it works and who can start this process.
A wrongful death lawsuit can only be initiated by a person who represents the interests of the victim or someone who is affected by the death.
Who can claim for wrongful death?
Immediate family
That is, the spouse, children, parents of unmarried children or siblings in the case of the absence of the aforementioned relatives.
Financial dependent
People who suffer financially as a result of a person's death; it can be a person with a relationship other than family by blood or marriage.
Partner
Understood as a domestic or life partner a person with whom you constitute a life partnership or a de facto marital partnership (without a marriage certificate).
To file this lawsuit, it is necessary to have the support of a legal team, since it must be demonstrated that:
- There is a fatal victim.
- The death was caused in a negligent or reckless manner.
- The cause of death was preventable.
- The plaintiff or plaintiffs are survivors of the victim and are entitled to receive compensation for damages.
There are multiple factors that are considered when determining what the compensation will be in a wrongful death case, however the following are considered:
- Life expectancy in the workforce to determine projected loss of income.
- Medical expenses that the victim's family had to incur for the care of the situation that resulted in death.
- Pain and suffering of the victim before his death.
- Funeral expenses.
- Non-economic damages such as loss of comfort, guidance, protection, companionship and affection among others.
- Services provided by the victim that were not remunerated such as household chores.
If you have lost a loved one in a case of vehicular accident, workplace injury or another negligent or reckless situation, the lawyers at Conexión Legal, experts in personal injury will help you face this difficult situation you are going through. We offer our services free of charge to the Latino community in the United States. Call us at 1-800-201-1220 and receive legal advice.
We speak Spanish.
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