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Wrongful death can be defined as when one person is killed as a direct action or inaction of another person. These actions can encompass negligence, abuse, misuse of authority, and malpractice by a healthcare practitioner just to name a few.
A wrongful death Attorney’s job is to look into and investigate fully the details surrounding the loss of your loved one and determine if there is criteria to consider it a ‘wrongful death.’ Only the deceased's immediate survivor can file a wrongful death suit and each state has statutes in place as to what is considered a wrongful death case.
The wrongful death Attorney will attempt on your behalf to collect fair and just compensation for your loss and suffering. Many factors will be used to determine this amount such as the deceased’s age and amount of time he/she would have ordinarily been employed and the loss of that income, and also loss of parental guidance in the case the deceased has children.
It will be the wrongful death Attorney’s job to provide the court with enough evidence to convince them there was negligence or fault on the part of the defendant. It will be the jury; however, who decides the amount to award based on a number of factors. Considering the state you’re in you may or may not be able to collect punitive damages.
If you feel a loved one has passed away due to the fault of another, you should seek the advice of a wrongful death Attorney to determine what your options are.