Wrongful Death

/ / Law Blog

“In 11 years, we’ve never had an incident like this,” said the spokesman for Staples Center. A few years ago, a two year-old boy fell about 30 feet from a luxury suite inside Staples Center. He sustained serious brain injuries that resulted in his death the next day.

The family sued Staples Center, but the coroner declared that the boy’s death was an accident and the real problem was determined to be that the boy had crawled out of his parents’ sight. The family decided to take the case to the California Court of Appeals.

In another more recent story, the stray bullets of a sniper hit an 11 year-old girl, resulting in her death. While the father filed a lawsuit, he did not obtain a government tort beforehand, which is required by law (The Federal Tort Claims Act, FTCA). As a result, his case was dismissed.

After a loved one dies, it is a hard time on every level: physically, emotionally, and often if your family member contributed income towards your household, financially. If you believe another person’s negligence caused your relative’s death, you deserve the opportunity to fight for justice and compensation. But if you are not aware of your state’s laws surrounding wrongful death and the legal process you must follow, your case could be dismissed.

How can you know if you have an eligible wrongful death claim? You can determine if you have a wrongful death claim, if another person’s careless actions harmed your relative and caused their death. This could be the actions of a speeding or a drunk driver, a manufacturing company’s negligence in making auto parts that resulted in an accident, and so forth.

Before you head to court, write a list detailing the pain and suffering your family has endured, the medical and funeral expenses you’ve had to pay, the deceased’s lost wages and benefits and future lost wages for your family. Hiring a personal injury attorney is a vital step –you will need their counsel and guidance throughout the days ahead.