Although the unexpected loss of a loved one is always difficult, the loss of a loved one due to the carelessness of another is even more tragic. The courts place a high value on resolving cases involving wrongful deaths, and a wrongful death attorney can assist a victim’s loved ones in obtaining justice and financial compensation. You can also click here to learn more.
Who is Entitled to get Compensation for Wrongful Death?
The law restricts who can file a wrongful death claim to a small group of persons. Whoever survives the decedent, whether spouse, domestic partner, kid, or grandchild. Anyone entitled to inherit the property under the laws of intestate succession, which are established by statute if the victim has no living relatives. Family members of the decedent may fall under this category. A lawsuit can be filed under the law if the plaintiff can show they were economically reliant on the decedent. Family members are defined as putative spouse, their children, stepchildren, legal guardians, and parents of the deceased.
Do Consequences Affect the Offender?
The individual at fault may be held legally and criminally liable for the wrongful death. The person must be shown to be criminally responsible for the death, and their actions must be directly linked to the demise of the person being mourned. The perpetrator of the crime will face criminal prosecution if the death of the victim was the direct result of criminal intent or if the perpetrator was breaching the law at the time of the death. Criminal charges against the other party could result from the following situations:
- Distracted Driving
The defendant was driving while under the influence. One’s own life and the lives of others are in danger when a reckless driver gets behind the wheel. They can be found guilty of a crime and sentenced to jail time in addition to having to make amends to the victim.
- Scams and Improper Treatment
There is room for holding doctors liable for cases of severe negligence in which they fail to meet basic requirements for the practice of medicine. Both civil and criminal liability exists in cases of fraud or other intentional wrongdoing.
- Homicide
An example of an intentional wrongful death is when someone intentionally attacks the deceased, causing their death. Unless one can prove they were acting in self-defense, the individual who defends themselves can be held criminally liable even if the victim started the conflict.