Losing a loved one can be one of the most difficult and
painful things one has to go through, especially if the death is caused by someone
else’s negligence. Filing a wrongful death case will not bring your loved one
back, but it will give you a chance to avail financial compensation for funeral
costs, medical and lost remuneration and find closure.
However, in order to file a wrongful death claim, before
hiring an Akron wrongfuldeath lawyer, you need to know the intricacies involved in such cases.
Here is an introduction on what you need to know.
When Is It Applicable?
Generally, a wrongful death claim is applicable when the
victim is killed as a result of a harmful, negligent or intentional act. This
case can be filed for many different circumstances, some of the most common
being:
Intentional Killing
Wrongful death claims are applicable if someone is killed
intentionally. The accused will be sued and arrested and charged with murder.
Medical Malpractice
If a medical practitioner fails to diagnose a condition
properly or happens to be careless in providing suitable treatment which
results in death, a wrongful death case or medical malpractice can be filed
against the doctor or medical practitioner.
Car Accident
If a victim dies as a result of injuries from an automobile
accident, caused by negligent driving of the other party, a wrongful death
claim can be filed.
What Do You Need to Prove?
To facilitate the implementation of a wrongful death claim,
the plaintiffs need to provide proof that the defendant failed to provide a
certain level of care to the victim, was negligent and this intentional or non
intentional act ultimately resulted in the death of the victim.
Who Should File The Claim?
Generally, a representative of the estate of the victim
files the wrongful death claim. This representative has a prior relationship
with the victim. Usually, the spouse represents a deceased spouse, parents
represent minors and adults can represent their parents. This however, can
become complicated if the family begins to have disagreements on who has the
right to the claim. A situation like this is then resolved by the state based
on financial dependence on the deceased.
Damages
Survivors can claim compensation for:
- Medical costs
- Survival claim on the basis of the victims pre death pain and suffering
- Burial and funeral costs
- Loss of guidance or nurturing or upbringing
- Loss of income of the deceased individual
- Loss of inheritance
If you are looking for a wrongful death or accident attorney in Akron,
consider the services of Barry M. Ward Co. Barry M. Ward Co., LPA, an expert,
professional Akron law firm with a successful track record in wrongful death
cases besides personal injury, medical malpractice, auto injury, criminal
defense and probate. They adhere to the uppermost standards of expert and
lawful ethics and are dedicated to attain the best possible results for their
clients.
