Injury In Idaho

Important Information About Wrongful Death Accidents and Lawsuits

It is always traumatic to lose a loved one and even more so when it is due to the negligence of another. When someone dies in this manner, the family of the victim may be able to obtain compensation for their death during a wrongful death lawsuit. Below is an overview of personal injury law and how it pertains to wrongful death accidents. If your loved one has died in an accident caused by someone’s negligence, contact a personal injury attorney to discuss your rights.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is filed in civil court by the family of the deceased victim. The lawsuit is filed against the party believed to be responsible for the death of their loved one. It is not enough for the death to be due to an accident; it must be caused by the negligence of another.

Accident Types

While there are many different scenarios that can lead to accidents and wrongful death suits, some are more common than others. The most common types of accidents that lead family members to file wrongful death lawsuits in court are:

  • Surgical Errors
  • Misdiagnosis
  • Birth Injuries
  • Car Accidents
  • Commercial Truck Accidents
  • Slip and Falls
  • Motorcycle Accidents

Wrongful Death Statistics

According to the United States Department Of Justice, 90 percent of all medical malpractice lawsuits filed in recent years have involved a wrongful death caused by negligence. These types of lawsuits are brought against healthcare workers such as pharmacists, doctors, nurses, physicians’ assistants, nurse practitioners, and healthcare facilities.

Who Can File A Wrongful Death Lawsuit?

A wrongful death lawsuit can be filed by the family of the victim such as:

  • The Parents of The Deceased if They Were Under 18
  • Surviving Siblings of the Deceased
  • Children and Step Children
  • The Spouse Or Domestic Partner of the Deceased

Damages

The damages awarded in wrongful death lawsuits can vary from state-to-state. However, most wrongful death lawsuits award damages such as:

  • Loss of Income
  • Loss of Consortium
  • Pain and Suffering
  • Emotional Distress
  • Funeral Expenses
  • Future Lost Wages

Settlements

While the vast majority of wrongful death lawsuits are settled out of court, some cases must go to trial if an agreement cannot be reached. Some things to consider when contemplating a settlement include:

  • The Strength of the At-Fault Party’s Case
  • The Length of Time a Trial Will Take To Complete
  • How Much the Lawsuit Is Worth

In some instances, mediation helps both parties reach an agreement without the need for a trial. For this reason, it is important to hire a personal injury lawyer you trusts with experience in both negotiation and trial.

If your loved one died due to the negligence of another, contact a personal injury lawyer for advice. During a consultation, your lawyer will let you know if you have a valid claim and how to proceed. While obtaining a wrongful death settlement will not ease the pain of losing your loved one, it can help you obtain financial resources to help your family through this difficult time.

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