If you have been the victim of a wrongful death, you may have a legal claim to pursue. Wrongful death claims are brought by the surviving family members of the deceased. There are a number of reasons why a wrongful death may occur. These reasons are enumerated in statutes. If you believe that your loved one was a victim of negligence or other legal violation, you may have grounds to pursue a claim.
How to File a Wrongful Death Claim
The amount of damages recovered in a wrongful death lawsuit depends on the circumstances of the case. In most cases, the wrongful death heirs receive a lump sum amount after the attorney fees and other expenses are deducted. In some cases, it is possible to negotiate a structured settlement and receive payments over time. While the final amount of compensation is up to you, wrongful death cases may be best served by hiring a lawyer.
Wrongful death claims can also be brought against manufacturers of products that have a high risk of causing harm to consumers. Product liability is the reason why manufacturers of products spend so much time testing them. For example, toxic food can cause an accident that leads to death. Another example is a defective automobile. In Sarasota, FL, a mother filed a wrongful death lawsuit against IKEA. The company settled the case for an undisclosed amount, but it has previously settled similar cases for $50 million.
The deceased’s surviving family members can also sue for wrongful death. Often, the proceeds of a wrongful death claim go to the surviving spouse, who is expected to support the child(ren) who lost their parents. This is the case in states where the deceased’s children have the right to sue. The surviving spouse is the most likely target of a wrongful death claim. It is important to consult a wrongful death attorney to determine which of these scenarios applies to your situation.
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