Law

What is a Wrongful Death? Wrongful death explained

Humans are mortal; death cannot be avoided. It can happen to anyone, anytime, anywhere. The cause of death can be understood when it is old age, illness, etc. But it is harrowing when some person or organization causes the death of a loved one. The dead cannot be brought back, and it is impossible to replace them. But it is possible to lessen the financial loss that happened after their death. It pays to contact a wrongful death attorney from https://krasneylaw.net/wrongful-death/.

Wrongful Death

Wrongful death is a death when another person is directly or indirectly responsible for the death. In California’s legal code, it is stated that wrongful death happens because of “the wrongful act or neglect of another.” There are a lot of things that prove that it is a wrongful death. If the cause of death is any of the following, then it is a wrongful death:

  • Any negligence, carelessness or outright neglect of another person or organization
  • Any action or inaction of another person or organization
  • Any assault from another person or organization
  • Any medical malpractice of another person or organization
  • Any defective product
  • Or any other kind of accident

These actions can be either consciously or unconsciously done. Even if the negligence or hostile act is not done deliberately, the death can be considered as wrongful death.

Negligence

There are two types of negligence. First, it could be something that a party should not have done something that resulted in someone’s death. Such a driving a car in the footpath, assaulting someone for money, pranking heart patients by scaring them. This type of action can result in someone’s death. You should not drive when you are drunk. Because of your drunken state of mind, you might not know where to drive; It can be the wrong lane, footpath, or maybe someone else’s yard where driving can result in someone’s death.

Secondly, It can be called negligence when someone chooses not to do something that could have prevented someone’s death, like medical malpractice. If any patient takes the wrong drugs because of you, they can die. You could choose to stop it. Selling defective products is also negligent. Some defective products can cause another’s death.

Damages

Wrongful death can cost a family very heavily. If the dead person is a grown man, then they will lose a substantial physical and mental supporter, also the income and services that he provides the family. If the dead one is head of the family, then there can be a lost prospect of inheritance. After the incident, if the person survives for some time, then there will be some medical expenses. If he dies, then there are also funeral and burial expenses. Because of the death of a wage earner, it will be tough for the family to have financial stability. So, this type of financial liability can bring substantial damage to some families.

Evidence

If a wrongful death happens, you can ask the court for action, but you have to prove your claim. To confirm that your wrongful death claim is valid, you have to provide the court with some evidence.

  • Certify a person is severely injured or dead

If it is not verified that someone got hurt or died, then the wrongful death claim will have no meaning to it.

  • Proof of other parties’ involvement

If you want to blame someone for the wrongful death of your loved one, then you have to provide appropriate evidence of their involvement in this incident.

  • The proof of suffering of the surviving family members for the death

The wrongful death claim is for the family who suffered from the wrongful death. If you can’t prove that anyone is suffering because of the wrongful death, whether emotionally or financially, then it will not be valid to file a wrongful death lawsuit.

Every life is precious, and you can’t bring the dead back to life. So, you have to be careful about what you do every day. None of your work or activities should result in someone’s death. If you find someone is going to die, try your best to save him. Wrongful death can come when someone does something negligent or criminal, or when someone does nothing at all to save a person or prevent dangerous situations.

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