A wrongful death claim occurs when a defendant has caused someone’s death through intentional harm or negligence. The suit is filed by the deceased person’s estate against who may be legally liable. At times legal issues can seem complex. Here are some basics to help you understand wrongful death lawsuits.
When Can You Claim Wrongful Death?
There are a few instances that are applicable for wrongful death. They include:
- Car accident fatalities
- Intentional killing
- Medical malpractice
Who Can File A Claim?
Generally, if a wrongful death claim is filed, it is going to be filed by a representative of the victim’s estate. This is done on behalf of the survivors who had some form of relationship with the victim. Often, this is a spouse, but it can also be filed by someone with a familial relationship. The distance of the relationship can vary from state to state.
What Has To Be Proven?
A wrongful death claim has to prove that there was some form of negligence or intent. In negligence cases, for instance, there often has to be proof that the defendant had an obligation to the victim and failed at it.
Wrongful death lawsuits can be complicated to navigate. If you need more information about wrongful death claims, contact The Law Offices of James E. Latimer in Oakland at 510-444-6555.