In a wrongful death case, the surviving family members of the deceased person may sue the person or entity responsible for the death. The family members can recover damages for the death, including loss of companionship, mental anguish, and funeral expenses. If you are injured in an accident, contact a Glen Falls personal injury lawyer.
Common wrongful death cases
Wrongful death cases are governed by a set of rules that are specific to the type of case. These rules are generally designed to protect the rights of the victim’s family and to ensure that they receive the compensation they are entitled to.
To file a wrongful death claim, the victim’s family must be able to prove that the negligence of another party caused the death. This can be difficult to do, especially if the victim’s body was never recovered.
In addition, the family must also be able to prove that they have suffered financial damages due to the death. This may include medical expenses, funeral costs, and lost wages.
Finally, the family must also be able to prove that they have suffered emotional damages due to the death. This may include pain and suffering, loss of companionship, and mental anguish.
A wrongful death case will vary depending on the circumstances of the case. However, some tips on how a lawyer can handle a criminal death case include:
- Reviewing all relevant documentation, including the police report, autopsy report, and any medical records.
- Identifying and interviewing any witnesses to the death.
- Analyzing any video footage of the death, if available.
- Hiring expert witnesses, as needed, to testify about the cause of death.
- Drafting and filing a wrongful death lawsuit, if appropriate.
- Negotiating with the insurance company or other parties involved in the case.
Representing the client at trial, if necessary.
Cases of wrongful death claims against employers often arise when a worker is killed in a workplace accident. While the cause of the accident may be attributed to a dangerous condition or the negligence of another worker, the employer may be held liable for the worker’s death if the death resulted from a job-related injury.
The employer may also be liable if the employer’s negligence caused the worker’s death in providing a safe work environment. For example, suppose an employee is killed in a car accident while driving for work. In that case, the employer may be held liable if the accident was caused by a dangerous condition on the road that the employer knew about but did not correct.
In some cases, an employer may also be held liable for the death of a worker, even if the death was not caused by a workplace accident. For example, if a worker dies of a heart attack after working in an excessively stressful job, the employer may be liable if the employer knew about the stress but did nothing to reduce it.
It is important to note that not all accidents that occur at work will give rise to a wrongful death claim. For a claim to be successful, it must be shown that the employer was at fault for the death.