A stock photo for a stethoscope with the word 'Malpractice' written with the frame.
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A stock photo for a stethoscope with the word 'Malpractice' written with the frame.
What a Medical Malpractice Lawyer Does
June 9, 2020
hiring employment lawyer
Tips for Hiring an Employment Lawyer
June 18, 2020

After going through an unfortunate loss of a family member or close friend, there’s a chance you might want to file for a wrongful death lawsuit. To get a better understanding of whether your situation might call for it, here’s how a wrongful death lawsuit works.

When Do You Have A Case?

The first thing to know about a wrongful death lawsuit is knowing when you have a case. There are a variety of different instances where a wrongful death lawsuit may be applicable, such as:

  • Victim was intentionally killed by the defendant
  • Defendant was negligent or reckless in an act that led to a death
  • Medical malpractice caused a death
  • Car accident injuries resulted in a death

Common Causes

There are also several common causes of wrongful death lawsuits that you might be able to relate your case to. Here are some of the common causes found in wrongful death lawsuits:

  • Automotive accidents
  • Birth injuries
  • Occupational hazards
  • Nursing home and assisted living neglect
  • Criminal actions (shootings, stabbings, other forms of violence)
  • Product defects

Evidence

As with any case, there needs to be some form of proof to support a wrongful death claim. There are several pieces of evidence that might be brought up in a wrongful death lawsuit, and one of them is providing information about how someone’s actions resulted in the death of another person. This is where a lawyer can help by dedicating time and effort into giving you and your case the best representation possible.

Damages

For wrongful death lawsuits, there are also damages that can be applied to the case. It is thus possible to receive compensation from a wrongful death lawsuit. Here are some circumstances for which you can receive compensation:

  • Death and burial costs
  • Medical treatment costs
  • Survival claims
  • Inheritance
  • Value of services

Filing

When it comes to filing for a wrongful death lawsuit, a lawyer might try to receive some form of compensation from the defendant before moving to trial. A filing can also be done by an estate representative of the deceased person. A spouse can also sue on behalf of their deceased partner, or as parents of a minor.

Wrongful death is not a situation anyone wants to find themselves in, which is why it’s important to take advantage of the resources available to you. Hopefully knowing how a wrongful death lawsuit works can give you a better idea of the kind of representation you need. If you need a wrongful death attorney in Boise, Idaho, Rossman Law Group, PLLC can assist you!