How Does a Child Sue for Wrongful Death if His/Her Parents Died?
April 18, 2019 | Wrongful Death
Generally, if someone’s negligence causes the untimely death of another, the victim’s immediate family members, such as their children or designated heirs, are eligible to file a wrongful death claim against the negligent party. While it’s difficult to put a price tag on someone’s life, suing for damages can provide financial relief and support during this trying time.
When Can a Child Sue for Their Parent’s Wrongful Death?
Losing a family member is never easy, but losing a parent is perhaps one of the most challenging things that a person can go through. If you suspect that someone is responsible for your parents’ death, but aren’t sure how to prove it or take action against the negligent party, consulting a wrongful death lawyer about the situation offers support during this process, provides information on the options available to your parents’ case, and ensures that your rights to sue for your parents’ wrongful death are protected. There are many different situations in which a child might want to sue for their parents’ wrongful death, but the most common scenarios include:
- If the victim had a medical procedure performed prior to their death and it’s suspected that the medical facility or personnel didn’t provide a certain standard of care to the patient
- Nursing homes are designed to take care of the elderly and keep them safe, but if a caregiver was negligent and failed to monitor a resident, give them the proper dosage of medication, or take care of their dietary or personal hygiene needs, the nursing home, and the negligent caregiver could be liable
- Most car accidents are avoidable and typically caused by more than one type of negligence, sometimes by multiple parties. If a driver is fatigued, under the influence, or distracted at the time of your parents’ fatal accident, they are likely liable for your parents’ damages
- Approximately 49% of pedestrian fatalities involved alcohol-use in 2013. If your parents died in a pedestrian accident in which someone else’s carelessness contributed to or caused to happen, you have the right to sue the negligent party for wrongful death
- If a landowner or property manager’s negligence caused your parent to die in a premise liability accident, such as a slip and fall accident or an accident that involved hazardous conditions, you could be eligible to sue the company or person responsible for the accident
How Can I Prove My Parents’ Wrongful Death?
When a person’s carelessness is responsible for your parent’s death, it can be difficult to figure out how to bring action against them and obtain compensation for your family member’s fatal injuries and losses. Typically, wrongful death is proven with evidence from the accident, proof of the victim’s death, and a compelling claim, but in medical malpractice and nursing home negligence cases, proof of a doctor-patient and resident-facility relationship is required to bring a claim against negligent medical personnel or facility. If these elements are present, a wrongful death lawyer can help you sue the negligent party that caused your parents’ wrongful death and protect your rights to obtain compensation for your parents’ pain and suffering.
What Damages Can I Sue For If My Parents Died Because of Another Person’s Negligence?
Typically, the immediate family members of a victim are entitled to recover damages that the victim could have recovered with a claim. Recoverable damages for wrongful death vary depending on the circumstances surrounding the victim’s death, but generally include compensatory damages such as medical expenses, lost wages, property damage, and reimbursement for distress and other damages directly caused by the accident. If you are interested in getting justice for the wrongful death of a parent, having an experienced lawyer on your side is a must.
A lawyer can ensure that you have a powerful demand letter that states the damages you are eligible to recover, a supported claim for your parents’ case, and ensure that you are protected from the negligent party’s insurance agent. Hospitals and nursing home facilities have high-powered insurance agents that are well-versed in fending off claims, and if evidence from an accident isn’t gathered, the other party’s insurance company will likely attempt to pin the blame on you for the accident in an effort to offer you a lower settlement for your parent’s damages. Speaking with a wrongful death lawyer as soon as possible after the accident can prevent this from happening and ensure that the best results are produced for your parents’ wrongful death case.
How Can a Lawyer Help Sue For My Parent’s Wrongful Death?
If you have lost a parent in a wrongful death accident that was caused by a negligent party, it’s critical to consult a lawyer immediately about the situation. A lawyer can preserve details from the accident, file a powerful claim, and negotiate for the highest settlement from the party you are suing for damages. Additionally, if you need support during this difficult time, your lawyer is there for you and will do everything they can to ensure that you and your family are taken care of. If you are ready to talk to a lawyer about suing for the wrongful death of a parent, contact the Dixon Injury Firm today to schedule a free consultation and discuss how our Wrongful Death Lawyers can get justice for your parents’ wrongful death.