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Accidental and Wrongful Death Laws For the people not familiar with the term “wrongful death,” the most basic definition is a death that is the result of an individual or organizations reckless, careless, or negligent actions or inactions. The most common form of wrongful death is medical malpractice. This is not the only setting that wrongful deaths occur, in fact they can happen almost anywhere, some more prevalent scenarios happen with automobiles, the workplace, and defective products. United States law allows for a member of the victim’s immediate family to file a lawsuit on behalf of the deceased individual. The family member must be the spouse, the parent, or the child of the deceased. If it comes down to the child of the victim that is filing the lawsuit, they must be over the age of 18. Wrongful death cases are considered civil lawsuits that ultimately seek to compensate the family for their loved ones death. The compensation will help with the costs to cover the medical bills, funeral costs, income loss and emotional distress. Wrongful death laws differ depending on the state in which the accident occurred so be sure you familiarize yourself with these laws. Most people will not know all of the laws; that is where an attorney will be very important to building your case. One of the more important laws that you should familiarize yourself with is the statute of limitation in your state, most state allow for up to three years, but again this depends on the state the accident occurred in. To win the lawsuit and to get compensated for it, the lawsuit will have to show guilt on the defendant as well as establish the grief and loss the family is dealing with.
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It will be your attorney’s duty to handle all of the legalities involved in your case, at the same type they will have to deal with the emotions and grief of the family. The family will be emotional but it is important for them to hire an attorney that has experience in these types of cases.
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When hiring an attorney to work on your wrongful death suit, you should know that most attorneys will work on a contingency plane. This means that them being paid by you all depends on if you win your lawsuit. Your attorney will be paid based as a percentage of the compensation your lawsuit will bring you. This is good for you, this means that your attorney will have to work for you because their pay check depends on you being compensated for your loss.