Wrongful death laws have been enacted in many states to compel manufacturers, hospitals, and physicians to act responsibly in their official responsibilities. Nonetheless, wrongful deaths still occur in various circumstances, including, but not limited to:
- Emergency room malpractice
- Vehicle accidents
- Anesthesia malpractice
When an individual is killed due to another party’s negligence or wrongdoing, it is recognized as wrongful death. Those that were financially dependent on or benefited from the deceased could be entitled to compensation through a wrongful death claim.
It is not always apparent if the death of a loved one warrants a wrongful death claim. Fortunately, an Eagle Wrongful Death Lawyer can help you determine whether you have a claim to compensation. To explore your legal rights, contact Litster Frost Injury Attorneys today.
Who Has the Legal Right to Claim for Wrongful Death?
Your eligibility to file a wrongful death claim differs from state to state. Every state has its own wrongful death litigation, and each takes a different approach to this right. Some of the parties that might be eligible to file a wrongful death claim include:
- Parents and Siblings
- Estate representatives
What Is The Process Of Filing A Wrongful Death Lawsuit?
A wrongful death case operates in the same way as every other personal injury claim does. It is focused on the damage that happened due to another person’s reckless or deliberate actions, similar to a personal injury claim. The apparent difference is that since the wronged party died, it is up to someone else to claim compensation on their behalf.
Before these cases are filed, there are usually several crucial steps to take. After all, most wrongful death lawsuits are settled out of court through a negotiated settlement before a case is filed. In return for agreeing not to file a wrongful death suit, a formal demand requesting compensation is written. These letters are often the impetus for a settlement.
If a settlement cannot be reached, the plaintiff must file a lawsuit in order to ensure their client receives compensation. Filing a suit kicks off the prosecution and the court process. The defendant has a fixed period to respond, in writing, after the complainant formally serves the defendant with the complaint. If they do not respond, the court will declare that they have lost by default. Following the defendant’s response, the case will proceed with appeals and discovery until trial.
Seek Legal Help
Dealing with the loss of a loved one is one of life’s most difficult experiences. When a family member dies due to someone else’s negligence or misconduct, the mourning process becomes even more difficult. In such cases, you and your family may be eligible to file a wrongful death claim and obtain the closure and monetary compensation that you deserve.
The Eagle Wrongful Death Lawyers Litster Frost Injury Attorneys have the necessary experience and resources. They will advocate for you and ensure that you obtain maximum compensation. Call at 208-333-3333 to get started by scheduling a no-obligation consultation.
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Comparative Negligence Rule
COMPARATIVE NEGLIGENCE RULE
Idaho follows the comparative negligence rule, which means that a court will look at both parties’ actions and level of fault in the case of a motorcycle accident.
Even if you were both driving irresponsibly, if the other driver was driving more carelessly, then you may still have a case. It’s important to recognize, however, that any fault on your part will limit the amount of damages which you can receive.
SEE IF YOU HAVE A CASE IMMEDIATELY:
To schedule a consultation about your accident, call our office at (208) 333-3333 or fill out your case evaluation form now.