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Should I File a Wrongful Death Lawsuit for an Elderly Person

Should I file a wrongful death lawsuit for an elderly person? If you are asking this question, it is probably because you are the family member of an elderly person who you believe was the victim of a wrongful death, and you are wondering if you should file a wrongful death lawsuit against the party or parties you believe were responsible for that wrongful death.

The first thing to consider before filing a wrongful death lawsuit for an elderly person is, “Do you have evidence that can be presented in court that the elderly person’s death was a wrongful death? Do you know what a wrongful death is from a legal standpoint?

Not natural


According to the law, a wrongful death is a death that occurs because of the willful or negligent act of another person or persons. To put it simply, a wrongful death is a death that is not natural, a death that should not have happened.

Another thing to consider in deciding whether to file a wrongful death lawsuit for an elderly person is that intent does not determine whether a death is a wrongful death. It does not matter whether the actions of the party or parties responsible for the elderly person’s death were intentional or unintentional.

Be sure


Before filing a wrongful death lawsuit for an elderly person, you need to be sure that the law will allow you to do so. Wrongful death laws vary from state to state, but in most states you can file a wrongful death lawsuit if you are a child or spouse of that elderly person.

Another thing to think about before filing a wrongful death lawsuit for an elderly person is that the amount of recovery is usually substantially limited. The principle reason for this is that the measuring stick used for damages in a wrongful death lawsuit is the amount of your financial loss.

Assumption


The assumption is often made that because the elderly person is beyond the age of retirement, they do not have much earning potential. In addition, because any child or children of that elderly person are probably adults, they are seen as not needing significant nurturing, support or guidance from that elderly person.

Regardless of how small the financial recovery may be, you are upset and want the party or parties responsible for the wrongful death of that elderly person to be held accountable for their actions. You want them to have to pay for what they have done.

Complicated


A wrongful death lawsuit is often complicated and complex, and not easy to prove. As a result, in most instances, the most important thing to consider before filing a wrongful death lawsuit for an elderly person is getting the right personal injury attorney to handle the lawsuit for you.

The wise thing to do is to sit down with a personal injury attorney and have the elderly person’s case evaluated at no cost or obligation to you. A personal injury attorney will know whether you should file a wrongful death lawsuit, or whether it is unwise to do so.

Article written by James Shugart

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