Nothing is more distressing and frustrating in a person’s life than a family member’s untimely death caused by someone else’s irresponsible actions. They battle with unanswered questions, battering grief, and an inability to console their pain.
While no one can repair the harm that has been done, a wrongful death attorney in Portland can assist you in understanding the legal process of pursuing justice in an accidental death case. Similarly, these legal experts can provide you with alternatives for dealing with a loved one’s negligent wrongful death. A skilled wrongful death lawyer possesses a tremendous amount of empathy and thus understands your current situation.
What Constitutes a Wrongful Death Case?
A wrongful death claim can arise from any careless or criminal act that results in the death of another person. In general, these claims stem from conduct that is irresponsible, careless, or cruel that results in death. Wrongful death cases can result from a variety of factors. The following are some of the most common causes of wrongful death:
- The vast majority of fatal car accidents are caused by at least one driver’s negligence, whether it’s due to speeding, reckless driving, failing to pay attention to the road, or driving while intoxicated. If any of these conditions are met, the negligent driver may be held responsible for the deaths of any other people involved in the accident, including other drivers and passengers.
- Semi-truck accidents, while still considered auto accidents, fall into a different category due to a few key differences. For one thing, semi-trucks are so much bigger than other vehicles that they’re more likely to kill people in an accident. Semi-truck accidents are caused by a variety of factors, including driving with an oversized load, mechanical problems with the truck, and driver error, including aggressive driving, losing control of the truck or driving while fatigued.
- Misdiagnosis of a condition or inability to diagnose an illness is the most common cause of wrongful death in medical malpractice cases. Errors in surgery and treatment are also common causes of wrongful death in the medical field.
Workplace fatalities are more common in high-risk occupations like dangerous manual labor and construction, but a wrongful death can happen at the office or even outside of work if an employer puts an employee in a dangerous situation.
A wrongful death claim is a civil case in which the at-fault party may be held liable for financial damages. These wrongful death cases can serve one of two purposes, depending on the laws of the state in question.
First and foremost, these rules function as a kind of personal injury claim for the deceased. A wrongful death suit could arise from any negligence lawsuit the decedent may have filed on their behalf.
The impact of the loss on the remaining family is the “second form” of wrongful death claim. For the loss of companionship and financial support, these families may be entitled to compensation.
Who Has the Right to File a Wrongful Death Lawsuit?
A representative must submit a wrongful death claim on behalf of the survivors who have been harmed by the decedent’s death (these are called the “real parties in interest”). Some of these people could be:
Immediate Family Members
- Immediate family members, such as spouses and children (including adopted children), as well as parents of unmarried children, are entitled to compensation.
Putative Spouses, Life Partners, and Financial Dependents
- A domestic or life partner, anyone who was financially reliant on the deceased, and a “putative spouse” (individuals who held conviction that they were married to the victim) may be entitled to compensation in some states.
Those Who are Financially Disadvantaged
- Even if they are not related by blood or marriage to the dead, several jurisdictions enable anybody who suffers financially as a result of the death to file a wrongful death lawsuit for lost care or support.
Reason Why You’ll Need The Help of a Wrongful Death Attorney
A wrongful death attorney represents families who have lost a loved one as a result of another party’s negligence or wrongful act. A wrongful death occurs when “a person’s death is caused by a wrongful conduct, carelessness, failure, or breach of contract or warranty,” according to Florida Statute 768.19. In these instances, the deceased person’s estate may file a civil lawsuit.
Wrongful death lawyers generally have experience with personal injury claims in addition to civil litigation. A wrongful death lawyer can assist families in holding negligent parties financially liable for the losses they have endured.
Varieties of Qualifying Damages From Wrongful Death Lawsuits
A person is entitled to receive damage reparation if they survive an injury caused by another’s negligence or deliberate action. Typically, these damages cover medical expenses such as rehabilitation, diagnostic testing, and medication that are required to aid in their recovery.
They are also entitled to compensation for any time spent away from work as a result of their injury. Compensation can recover non-monetary and monetary damages. Wrongful death lawsuits can enable the recovery of costs associated with the death, such as funeral and burial expenses.
Other non-economic losses may be available to the victims’ family members. A child who loses a parent, for example, loses the parent’s company, guidance, and future inheritance. In addition to other damages, a surviving spouse may be entitled to compensation for the loss of companionship.
Seek Legal Help
If you have recently lost a loved one as a result of someone else’s negligence or purposeful act, the last thing on your mind is to contact a wrongful death lawyer. However, because they can assist you with your wrongful death lawsuit, this will be a crucial step in dealing with the situation.
Your injury claim will alleviate the emotional pain brought by the death by delivering justice as well as providing monetary relief for all of the above mentioned expenses. So, we hope that you now understand that you must contact a wrongful death attorney in Portland as soon as possible in hopes of attaining the justice your loved ones deserve as well as your entire family. Don’t waste any more time, call now!