Wrongful Death Facts And Elements

Wrongful death refers to death due to the negligent act or misconduct of another individual. Murder can also be considered as wrongful death. However, wrongful death mostly occurs in case of accidental death. The immediate family of the deceased can sue the person who is responsible for the death.

Money cannot replace a life. When a loved one dies the pain of loss remains and amount of money can take that away. However, would you allow the responsible person get away with the crime? Would you sit back do nothing? Besides, when someone dies, they leave behind big financial gaps. This needs to be filled out. Bills will wait for no one says David Eichholz the president of Eichholz Law Firm. He is an attorney specialized in personal injury and wrongful death. He has helped numerous people recover their claim.

He warns people to wait too long in hiring a lawyer. Evidence disappears. Memories face. This is the reason, you should act first. Any wrongful death lawsuit follows a criminal trial. The stakes of the wrongful death is lower than that of a criminal case. However, the person found liable for the wrongful death might not be convicted for the prison time. There are cases where the defendant has been found not guilty because the prosecutor’s inability to establish guilt beyond reasonable doubt.

A lawsuit needs to have some important elements to be qualified as wrongful death. The first and the most important element is the deceased must be a human being. Yes, the death of a human is the most important element which must be present in the lawsuit.

The death must be the result of someone’s negligent act. This can be a car accident, a slip and fall, a case of food poisoning or hit of the moment murder. But, the death needs to occur die to someone’s irresponsible act.

David Eichholz says that a wrongful death case can be filed only if the family of the deceased is suffering due to the death. In case the deceased had been a primary earning member of a family, the death would hit the family. In such a case, a wrongful death case will be approved.

Wrongful death cases might occur from different scenarios. Medical negligence is a common incident. People die every day due to the negligent act of the physicians. In such case, the family of the deceased can sue the doctors or the hospital for medical negligence.

Death due to car accident or aircraft accident can be taken as wrongful death. In case you have lost a loved one in any such accidents, you can hire a lawyer to handle your lawsuit.

It is important to remember that to handle any legal issues, you need to the assistance of a lawyer. It is because, the lawyers have the expertise to guide you. Additionally, you cannot forget the fact that your lawsuit might end up in the trial a wrongful death lawsuit is complicated. You need to have the right resource to establish your claim. Without an experienced injury lawyer you will not be able to do that.


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