You surely have heard of a case of wrongful death - a person who was accidentally hit by a reckless driver, a man killed by stray bullets or a patient dying in the hospital due to wrong diagnosis. Offenders will always have an excuse - the incidents being accidental and unintentional. True enough, but if you are the family of the deceased, you need to consult your criminal defense legal counsel in order to get justice in behalf of your dead loved one.
A case of wrongful death is caused by another person's negligence, carelessness or malpractice, in case of medical patient. The surviving family of the victim should be compensated by the offender. However, there are instances when the family of the victim is immediately approached by representatives of the offenders, insurers among them, offering amicable settlements. In cases when the victim's family agree with the settlement, there will be no way to discover if the compensation is legal and rightfully in accordance with provisions of the law. So - you would not know if justice is rendered to the victim.
When a member of your family has died because of somebody else's fault, you have to seek legal advice from a qualified criminal defense lawyer. There is a prescription period for the filing of claims, ranging from one to three years. After the third year, then there is no way you can claim.
The surviving spouse, children or parents can file the case. Civil litigation involving this case is generally focused on economic aspect - monetary retribution. The compensation which may be demanded and quantified in behalf of the lawyer constitutes several variables. These are loss of earnings and potential income, loss of inheritance, medical and funeral benefits. There are also instances when punitive damages are claimed.
Loss of love, care, companionship, comfort, guidance and emotional support, although difficult to quantify may be included by your lawyer in the claims. The monetary value for this loss cannot really be computed so that the economic recovery of the victim's family cannot reach the correct and optimal solution.
Despite the fact that life of a loved one could not equate any monetary compensation, there is no other recourse than file a case of wrongful death. This is the only justice the surviving family can get. And this is even hard to attain without a qualified attorney.
Any victim of wrongful death can always seek justice. The best thing to get the compensation legally due to the victim's family is to seek counsel from an experienced criminal defense lawyer.