Can a Wrongful Death Lawsuit be Filed for an Elderly PersonCan a wrongful death lawsuit be filed for an elderly person? This is an important question if you are the child or spouse of an elderly person whose death you believe to be a wrongful death.
Losing a parent, spouse or loved one who is an elderly person is never easy under any circumstances. But when you believe that death should not have occurred, it can be especially upsetting and difficult. The sorrow, pain and hurt may be even more devastating.
A wrongful death is defined as being a death that is caused by the wrongful act of another, regardless of whether that act is accidental or intentional. In other words, a wrongful death is a death that occurs in a manner that is not natural.
Intentional or unintentional
Whether the wrongful act of the party who is responsible for a wrongful death is intentional or unintentional is not an issue in regard to the law. Any death that is not natural is viewed as a wrongful death by the law when that death is caused by the negligent or wrongful act of another party.
Wrongful acts include things like negligence (careless driving), which would be considered as unintentional. Wrongful acts also include things, such as death occurring in the course of another crime, manslaughter, murder or an attack like assault and/or battery, which would be viewed as intentional.
An individual or individuals may cause a wrongful death. A company or an entity may also be held accountable for a wrongful death. An entity or company is held responsible for a wrongful death when the malfunction of an object or item is what brings about that wrongful death.
Even though nothing can bring back your spouse, parent or loved one who was an elderly person, you may be angry and do not want to see the party responsible for their wrongful death get away with what they have done. You want them to pay for what they have done.
So, what can you do? What options do you have? What will the law allow you to do? As mentioned at the beginning, Can a wrongful death lawsuit be filed for an elderly person?
Wrongful death laws and statutes vary from state to state. However, in most states, a child or spouse can file a wrongful death lawsuit for an elderly person whose death was a wrongful death.
Recovery of damages
One of the difficulties involved in a wrongful death lawsuit for an elderly person is that the recovery of damages is small and modest in most instances. This is due to the fact that the measure of damages is your financial loss.
An elderly person is regarded as not having much earning potential. In addition, the child or children of that elderly person are almost always adults, who are seen as not needing significant nurturing, guidance or support from their parent.
A wrongful death lawsuit for an elderly person is nearly always a complex and complicated matter. For this and many other reasons, the right thing to do is to have a personal injury attorney evaluate your case at no cost or obligation to you.
Article written by James Shugart
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