Understanding Wrongful Death Claims in Lakewood
Wrongful death is a type of personal injury where the negligence of another party results in not only damages to the injured plaintiff, but also their untimely passing. Like a personal injury claim, a wrongful death lawsuit involves the negligence of another party whose inattention or carelessness resulted in the unexpected death of another person. It is a lawyer’s responsibility to help a grieving family understand wrongful death claims in Lakewood so they can recover as much compensation as possible.
Wrongful Deaths Caused by Members of a Protected Category
Some wrongful deaths that would otherwise warrant civil litigation are not actionable in cases where someone’s passing was the result of negligence on the part of an employer, a police officer, or other parties in a protected category. For example, if a worker dies on the job as the result of their employer’s negligence, the exclusive remedy in that case is a workers’ compensation claim.
Similarly, when a death arises from a protected class of public servants such as a police officer, the officer may have certain types of immunity from that death as long as they followed all required protocol during the interaction. These factors make it crucial for a decedent’s surviving loved ones to seek out an experienced attorney in Lakewood for help with establishing what remedies are available to them.
Differences between Wrongful Death Claims and other Personal Injury Cases
One of the primary differences between wrongful death claims and other civil cases is the degree of injury. The injuries in a wrongful death case are, by definition, much more severe, whereas with any other variety of personal injury, the injured plaintiff will live to see other days. Consequently, wrongful death claims generally yield a much greater monetary value.
Common Causes of Wrongful Death in Lakewood
A category of personal injury where one frequently sees wrongful death is auto collisions. However, actionable wrongful deaths in our area also commonly arise from medical malpractice and defective products.
What to do if Someone Passes Away without a Will
When someone who has not created a will suffers a wrongful death, interstate succession laws determine who would be the recipient of the deceased party’s estate. For example, if the decedent is married and dies without a will, the laws of intestate succession provide that the estate will go to the surviving spouse first. If there is no surviving spouse, the estate would pass to any adult children of the decedent and so on. In an expanding circle, the court might ask who the closest relatives are to the decedent.
Work with a Lakewood Attorney to Better Understand Wrongful Death Claims
It’s important to work with seasoned legal professionals in a wrongful death case, as the amount of compensation available may be significant. Additionally, wrongful death cases are often extremely complicated matters involving perhaps multiple defendants and multiple contributing causes of death. For these reasons, it is advisable to retain legal representation sooner rather than later. Let a member of our team help you understand wrongful death claims in Lakewood. Call our firm today.