Correcting Misconceptions About Wrongful Death Lawsuits

Posted on

A death is one of the most tragic events that can occur, and if the death is the result of the actions of another person or party, filing a wrongful death lawsuit can be an essential option for pursuing justice. An incorrect understanding about this type of lawsuit can contribute to individuals being unsure of what they can do to seek justice.  

Myth: Wrongful Death Cases Only Result From Accidents

There is a common notion that many people have that a wrongful death case will always involve a serious accident, such as one involving automobiles. However, there can be many situations where a wrongful death lawsuit may be pursued. For example, if your loved one is killed as a result of using faulty or otherwise dangerous products, you may be able to pursue action against the company. Another situation where this case may be pursued can be when a doctor commits malpractice and the patient dies. The precise laws covering wrongful death are different according to the state where you live, so it is important to consult with a wrongful death attorney.

Myth: Criminal Action Will Always Follow A Wrongful Death Lawsuit

When a person is killed, many people will assume that a criminal case will always be pursued. However, there are very high standards for criminal homicide and manslaughter convictions, and prosecutors may not pursue these matters in situations where a seemingly understandable or unavoidable accident occurs. As a result of this discretion, there is a chance that criminal action will not be pursued against the person responsible for the accident. Those facing this frustrating situation may have to resort to a civil lawsuit if they are to obtain the justice that they are seeking.

Myth: Anyone Will Be Able To File A Wrongful Death Lawsuit

It is often assumed that anyone that was close to the deceased individual will be able to pursue a wrongful death lawsuit. Yet, there are very strict limitations concerning those that can file this type of case. Often, there are laws that limit filing this type of lawsuit to those that are directly related to the deceased or that had a commercial interest in them. Also, only one party will be able to pursue a wrongful death lawsuit, and there is a hierarchy that each state will establish that outlines those with first rights to these lawsuits. If those ahead of you on this list do not wish to pursue one of these lawsuits, you may need them to formally waive their rights to these lawsuits so that you can take action.

For more information, contact local professionals like The Jaklitsch Law Group.