Wrongful Death in the Eyes Of the Law

Have you or someone you know suffered from mental or financial pain due to death of a loved one caused by negligent behavior? If so, you can make the guilty party pay for their neglect by filing a case in the court.

Whether the wrongful death occurred as a result of an automobile accident, medical malpractice, defective product or construction accident, legal provisions stipulate that the person or business entity responsible for the death should compensate the victim’s heirs for their loss.

Legal Provisions Relating to Wrongful Death in the US

Wrongful death is an area of tort law that is governed by state statutes. The law relates to cases where the irresponsible or negligent action of the defendant resulted in the death of a person, leaving behind surviving family members who suffer as a result of the victim’s death.

Although the specific provisions regarding wrongful death differ in each state, the general provisions remain the same. Legal provisions relating to wrongful death dictate that the affected family members of the deceased person have the right to request for compensation from the guilty party. They can pursue a wrongful death claim in court to receive compensation for the mental or financial loss experienced due to the death of the victim.

Wrongful death cases arise due to willful or unintentional disregard of safety rules relating to workplace, medical practice, and motor vehicles. Whatever the cause of the accident, the guilty party is requested to compensate the affected individuals for the financial loss and psychological suffering experienced due to the death of the victim. The affected individuals are usually immediate family members of the victim, but they can also be blood relations of the victims.

Are Wrongful Death Cases Similar to Criminal Cases?

Keep in mind that wrongful death cases are different from criminal cases. Both the cases deal with death of a person. However, a criminal case is filed by the government, while a wrongful death case is brought upon by the family members of the deceased individual.

You may have noticed cases in the press with names such as The People Vs. [the defendant]. These are criminal cases that are brought against the guilty person by the government. The government may request the victims to press charges against the defendant, but their cooperation is not necessary for pursing a case.

If you want to file a wrongful death case, you can contact dedicated Rockford attorneys to review your case and offer professional advice. At Fisk & Monteleone LTD., we can offer you complete guidance in filing your claim of wrongful death, and increase the likelihood of getting maximum amount possible for the damages. To know more about your rights relating to wrongful death, you can call 815-209-9030 today to schedule a free consultation.