Wrongful Death, What Does it Really Mean?

What is the appropriate action when someone was killed by the act of another?

A wrongful death lawsuit is brought on by an immediate member of the deceased individual's family.
What must be proved?

Generally one or more of the following must be proved to be successful in a wrongful death suit:

* Negligence of a company, person, city, or other public agency.
* Intentional act is where someone deliberately injured the victim which eventually caused death.
* Some other liable action, such as an action which caused another person to injure the victim.
* Extent of the heir's damages, what type of monetary loss, and pain and suffering was caused?

Who can sue?

The laws vary from state to state as to which family members and how many may sue for wrongful death. The following order of claimants can be used as a guide to determine where you might stand in a wrongful death claim:

1. Spouse and children
2. Parents, brothers, and sisters
3. Minors who lived with the deceased and received 50% of the support

What are the monetary damages?

The amount of damages that can be collected in a death lawsuit vary based on a number of factors that pertain to the deceased and include:

* Age: used in determining the amount of years the victim could have expected to work
* Health: what was the overall health condition and what was the current productivity.
* Life expectancy: How long would this person have lived?
* Earning capacity: What is the value of the income the victim would have earned over their lifetime?
* Medical and funeral expenses: Actual costs associated.
* Plus any other factor that shows how the plaintiff would have benefited from the deceased

In all wrongful death matters, it is recommended that you seek professional legal assistance to protect your interests, such as http://www.Ariellawgroup.com. A lawyer who has experience in this area of law can give legal advice that will assist you with the matter and will ensure that the judicial process is properly followed. Contact our law offices today for more information. 310-477-2626

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