Wrongful death is a civil lawsuit that can be filed by the surviving family members of the person who died. Wrongful death claims are defined by statute, which can be consulted to see if a claim is valid. In many cases, the surviving family members may be able to file a wrongful death lawsuit if they believe the death was the result of negligence. The statute lists specific examples of negligence that may give rise to a wrongful death claim. More Info – Demerath Law Office
Examples of Wrongful Death Claims
In one recent case, the family of a 70-year-old man settled for $1.2 million after a doctor failed to disclose that the man had colon cancer. The doctor failed to disclose this information during a 2007 colonoscopy. The biopsy, however, showed colon cancer. The patient was told the results were normal, and only learned of the cancer when he sought treatment for pain. A case like this is a perfect example of wrongful death.
In a wrongful death case, the plaintiff must prove that the defendant acted negligently and failed to exercise reasonable caution. This failure must have caused the death and serious damages. If the negligent party had health insurance, this could be a factor in determining whether they would have to pay the family’s medical bills. The family may also be able to recover out-of-pocket expenses for the surviving family members. Typically, a wrongful death lawsuit can result in a significant amount of money, though it can take several years to obtain.