When you experience a wrongful death situation you may be unsure of how to proceed. How can you seek justice or damages for this death when you weren’t personally injured? What are your options when it comes to wrongful death law?

Are different wrongful death cases handled in different ways?

You’re experiencing a stressful and confusing situation but we’re here to help. Keep reading to learn all about filing a wrongful death lawsuit and how different situations may give you different options.

How Do Wrongful Death Cases Work?

When someone dies at the hands of another, generally due to negligence, the surviving loved ones can file a lawsuit to collect damages.

This lawsuit will require proof of negligence or malpractice. Wrongful death claims are often made after medical malpractice, automobile accidents, or even intentional harm from another person.

There are several ways to go about a suit for wrongful death. You’re going to need an experienced attorney to help you navigate your options so that you can determine what’s right for you. See this helpful article on how a wrongful death attorney can help.

Wrongful Death 

When someone dies at the hands of another, a wrongful death suit is a popular option among survivors.

This kind of suit focuses on the wellbeing of survivors. It’s not dissimilar to a personal injury case.

In situations involving wrongful death law, suits like this will result in compensation based on the condition of the survivors rather than the deceased. They can sue for pain and suffering, lost wages, and any bills that were incurred due to their loved ones being cared for in the hospital.

They can also sue for the support that the deceased was providing for the household. If they were a primary financial contributor, for example, they may be able to sue for wages.

Survival Action

Survival action is another option when someone is figuring out what to do after a wrongful death.

A survival action lawsuit is similar to a wrongful death lawsuit. The difference is that survival action focuses on the deceased as the victim rather than the survivors.

This kind of suit requires the defendant to pay for damages to the victim. These damages often go straight to the estate. If the victim endured pain and suffering, lost wages, or had expensive medical treatment in the time between injury and death, they are compensated for those things post-mortem.

The suits are similar but vary just enough that it’s important to talk to an attorney to determine what’s right for your situation.

Wrongful Death Law: You Don’t Need to Do It Alone

When dealing with a situation involving wrongful death law, it’s best to get help from someone who knows the ropes. Don’t go through this stressful situation on your own and don’t go through life without collecting the damages that you’re owed.

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