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How do I know if I have a wrongful death suit?

A Wrongful death lawsuit is a case in which an individual dies (or is killed) due to the misconduct of another, and a member of the family sues for recompense.   Usually following a criminal trial, wrongful death suits rely on similar evidence as a criminal trial but require a lower margin of proof.

As painful as this process is, the passing of every individual does not qualify as a wrongful death case.  To be considered a suit for wrongful death, the following criteria must be present:

  • The death of a human
  • Cause of death caused by another individual’s negligence or intent to harm
  • Monetary suffering and injustice to the deceased’s surviving family as a direct result of the passing of the individual; and
  • An established personal representative of the deceased’s estate

There are a number of typical circumstances that merit wrongful death claims.   Some events associated with wrongful death claims include:

  • Medical malpractice resulting in the patient’s death
  • Automobile accidents
  • Exposure to hazardous conditions or substances on the job
  • Criminal activity or behavior
  • A supervised activity resulting in death

With many factors involved, determining if a wrongful death claim in valid can be difficult and complicated.  This is why it is in your best interest to seek a wrongful death lawyer who will fight for the compensation and justice you deserve.  Know who to call, Call Tad!

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