ARTICLE: Significant Aspects to Remember in Wrongful Death Cases

If you happen to be a parent, child, spouse, partner or even just an estate representative of a person who was killed as a result of an accident caused by negligence or wrongful act of another person, you can be authorized to file a wrongful death lawsuit. Your case will be directed against the person allegedly liable for the negligent or intentional wrongful acts leading to the untimely death.

The surviving family of a person who died because of another party's negligent actions can establish a wrongful death case. According t the law governing such cases, the domestic partners, relatives and persons who are dependent upon the victim for their support can sue the party believed to be liable of the negligent or wrongful act.

Traditionally, lawsuits that involve wrongful death are among the most emotionally loaded of personal injury cases. It can also take several forms:

- a loved one killed in the aftermath of a motor vehicle accident that was not his or her fault

- a loved one killed because of being exposed or running into a hazardous condition in a private or public property

- a loved one who died after using a particularly dangerous, defective or damaged product

- a loved one killed due to a negligent medical operation or medical errors

Many other case scenarios may characterize the elements of a wrongful death case. A wrongful death may also arise after someone, who had been severely injured as a result of an accident and dies shortly afterward due to the severity of the injuries he/she sustained.

It is highly advisable to consult with a lawyer with highly specialized skill in dealing with wrongful death cases on the particular state where your loved one died. He or she has the capability to help you understand the essential elements of your suit and the necessary timeframe in which to conduct litigation.

In California, there is a time limit in filing a wrongful death lawsuit. Not being able to meet with this statute of limitations may mean losing your right to file a case against those who are at fault.

In wrongful death lawsuits, you will be seeking for monetary compensation of the damages caused by the wrongful death:

• Expenses for hospital and medical treatment

• Expenses for the deceased's funeral and burial

• Compensation for the surviving family's anguish and pain when they witnessed the victim's stage of consciousness after the accident before passing away.

• The following monetary losses that the decedent's surviving family, next of kin or representative suffered or will bound to suffer because of his / her death:

- financial support

- service

- gifts and/or other valuable gratuities

- parental guidance and training

- companionship or society

The wrongful death statute commonly governs over the allocation of damages awarded by a judge or jury after a trial or won over a settlement to the decedent's surviving family.
 
By Lala C. Ballatan

Davis Law Group
2101 Fourth Avenue
Suite 630
Seattle, WA 98121

Toll Free: (800) 883-0265
Phone: (206) 727-4000