Each business faces numerous challenges, some of legal nature. That being said, most businesses are unaware of what a wrongful death claim entails. We intend to shed some light on the matter, by briefly pointing out the main things you should know.
What is a wrongful death lawsuit?
We’ll start by answering the first question that pops to mind, namely, what a wrongful death lawsuit is. More specifically, if someone dies as a result of misconduct or negligence of another, then, the survivor can sue for wrongful death. The purpose of this type of lawsuit is to get compensation for the survivors’ loss – such as lost companionship, lost wages from the deceased, as well as funeral expenses.
The statues for wrongful death claims depend on every state. Hence, hiring an attorney that is acquainted with the wrongful death law specifications is highly recommended. For the most part, though, this type of statutes was created in order to facilitate support to orphans and widows alike.
Who can sue for wrongful death?
This is another question that is likely to emerge. Hence, the persons that can sue for wrongful death claims include surviving spouses, immediate family members such as children or the parents of a deceased fetus. In some instances, the death of the fetus could account for the foundation of a wrongful death suit. Once again, though, the laws differ with every state.
Who can be sued for wrongful death?
In essence, a wrongful death lawsuit can be brought against an extensive variety of persons, government agencies, companies and even employees. Let’s take an example. In the case of an accident involving a drunk driver and faulty driver, a wrongful death action is likely to entail the following defendants: the builder or designer of the faulty road, the driver of the automobile, the person who sold alcohol to the impaired driver, the government agent that didn’t facilitate appropriate signs concerning the road hazards that triggered the accident.
Notwithstanding, when is a wrongful death claim subject to arbitration? This is a widespread question, and the answer, once again, differs by the state. For instance, in Mississippi, Texas, Michigan and Alabama, courts ordered arbitration in the case of wrongful death claims. On the other hand, in Missouri and Washington, courts have determined that since a wrongful death claim is independent of claims made by residents, it isn’t subject to arbitration agreements.
Therefore, it would be safe to say that you should rely on an experienced attorney for cases of wrongful deaths. By all means, an arbitration agreement should be drafted by a skilled professional, so that it addresses your individual specifications, whilst anticipating certain claims that are due to arise. In this way, you’ll be prepared in the case of potential litigation, so that your business can be protected, in the case in which actionable incidents take place.
What we’re trying to say is that this is a serious matter, and should be treated as such for most promising results.
