Baxley Maniscalco Attorneys At Law
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought by the surviving family members of a person who has died as a result of someone else's negligence or wrongdoing.
Wrongful death claims are intended to compensate the surviving family members for the loss of the deceased person's companionship, support, and income, as well as for their own emotional suffering.
When Does a WRongful Death Claim Arise?
Wrongful death claims may arise in a variety of circumstances, including:
- Negligence: A wrongful death claim may be brought when the deceased person's death was caused by someone else's negligent or careless behavior. This may include cases involving car accidents, medical malpractice, or other types of accidents caused by another party's failure to exercise reasonable care.
- Intentional acts: A wrongful death claim may also be brought when the deceased person's death was caused by another party's intentional or criminal acts, such as assault or murder.
- Defective products: A wrongful death claim may be brought when the deceased person's death was caused by a defective product, such as a faulty medical device or a malfunctioning automobile.
A wrongful death claim may be brought when the deceased person's death was caused by the negligence or incompetence of a professional, such as a doctor or lawyer.
Who can make a Wrongful Death Claim?
The eligibility to bring a wrongful death claim will depend on the laws of the jurisdiction and the specific circumstances of the case. In general, wrongful death claims are brought by the surviving family members of the deceased person.
In most jurisdictions, the following individuals may be eligible to bring a wrongful death claim:
- Spouses: The spouse of the deceased person may be eligible to bring a wrongful death claim.
- Children: The children of the deceased person may be eligible to bring a wrongful death claim, regardless of whether they are minors or adults.
- Parents: The parents of the deceased person may be eligible to bring a wrongful death claim if the deceased person was a minor at the time of their death.
The siblings of the deceased person may also be eligible to bring a wrongful death claim if the deceased person did not have a spouse, children, or parents who are eligible to bring a claim.
What Evidence Will Be Presented to Prove a Wrongful Death Claim?
The following types of evidence may be used to prove a wrongful death claim:
Witness testimony
Witness testimony may be used to establish the circumstances of the deceased person's death and to demonstrate the defendant's responsibility for the death. This may include testimony from eyewitnesses to the incident, as well as from experts who can provide testimony on the cause of death or the defendant's liability.
Medical records
Medical records may be used to establish the extent of the deceased person's injuries and the cause of death. This may include records from the hospital or other medical facilities, as well as records from the deceased person's primary care physician.
Expert testimony
Expert testimony may be used to provide specialized knowledge or opinion on the cause of death or the defendant's liability. This may include testimony from medical experts, engineering experts, or other professionals with relevant expertise.
Documentary evidence
Documentary evidence may be used to support the wrongful death claim, including documents such as accident reports, police reports, and other official records.
What Types of Expert Witnesses Will Testify in a Wrongful Death Case?
Expert witnesses may be used to provide specialized knowledge or opinion on a variety of issues relevant to the wrongful death claim.
Some common types of expert witnesses who may testify in a wrongful death case include:
- Medical experts: Medical experts may be used to provide testimony on the cause of death, the extent of the deceased person's injuries, and the medical treatment provided to the deceased person. This may include testimony from doctors, nurses, or other healthcare professionals with relevant expertise.
- Engineering experts: Engineering experts may be used to provide testimony on the cause of an accident or the defective nature of a product that contributed to the deceased person's death. This may include testimony from engineers, architects, or other professionals with relevant expertise.
- Economic experts: Economic experts may be used to provide testimony on the financial impact of the deceased person's death, including the loss of income, the value of the deceased person's estate, and the cost of the deceased person's medical treatment.
Psychological experts may also be used to provide testimony on the emotional impact of the deceased person's death on the surviving family members, including the value of the deceased person's companionship and support.
Baxley Maniscalco Can Help You Seek Justice
The loss of a loved one is devastating. When that loss is caused by someone else's negligence, the pain and anger can be overwhelming. At Baxley Maniscalco, we understand. Our compassionate and experienced wrongful death attorneys can help you navigate the legal system and fight for the compensation you deserve.
Don't face this difficult time alone. Call us today for a free consultation to discuss your options.