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Medical and road accidents often lead to death, which is unfortunate! That gives rise to the wrongful death claims, as the death takes place because of an intentional move or because of negligence. The best way to go about this is by joining hands with an expert lawyer specializing in personal injury cases. The wrongful death enables the estate or any other person related/close to the victim to file a lawsuit against the one who caused the death.
A few crucial questions to consider
Each state and region have its specific law and regulations considering wrongful death claims. Hence, it is essential to address a few crucial questions in this regard, such as:
When can one apply for a wrongful death claim?
A wrongful death claim usually is filed when a person dies because of a wrong action by the defendant. And this might take place through several situations, such as
- When the defendant intentionally kills the victim. Here the victims’ family files the lawsuit and fights the criminal case.
- When the victim expires owing to any medical malpractice. Here there’s a possibility that the concerned doctor fails to diagnose the condition accurately, and hence the care offered isn’t adequate or is entirely wrong. The wrongful death claim gets filed against the doctor on the grounds of medical practice. This case might be slightly complicated than the previous one. The doctor might have a clean record, and in such situations, the attorney needs to study and view the entire case differently, while filing for the claims.
- The car accident fatalities that include all kinds of negligence. And when a victim does wrongfully because of the accident then his/her family can file a claim for the wrongful death.
These are a couple of examples of wrongful death claims. However, it is essential to join hands with an expert lawyer for filing the claim. To know more about this, you can check out Martin G. Schulz & Associates’ Fort McMurray Law office.
What is essential to prove?
It is essential to prove that the defendant is accountable for the victim’s wrongful death to file for the claim and succeed at it. Hence, one of the potent grounds to present the case is the negligence of the defendant during the duty hours or in an operation. It will help to prove that the defendant hasn’t done justice to his duty, which lead to the sudden death of a person, who could have otherwise lived.
Who can file the victim’s wrongful death claim?
Usually, the death claim gets filed by the estate representative of the victim. The representative files the claims on behalf of other survivors who were connected with the victim. The survivors can differ from one state to the other. In most places, even in Fort McMurray, the spouse has the right to file for the claim. Also, if the deceased victim is a minor, then his/her parents can file the wrongful death claim. It is essential to know here that the distant family relatives and cousins might find it difficult to file for the claim.
These are some of the vital aspects that you need to know before you join hands with a personal expert injury to file for a wrongful death claim.