No one wants to think about someone they care about dying, but for some, this is a case that happens. In these cases, where someone passes away as the direct result of the negligence of another, a wrongful death suit may be in order. For those in the Charlotte area, a Charlotte wrongful death attorney can help you file a claim.
What is a Wrongful Death Suit?
Wrongful death is a death that is the direct result of the negligence of another person, either belligerent negligence, or in some cases, accidental negligence. A wrongful death suit can only be filed and paid out when this can be proven. It is the burden of the person filing the suit to prove that the death qualifies as wrongful death and that under different circumstances, the person that passed may have survived.
A wrongful death suit cannot be filed, for example, if someone has a seizure at work and dies as a result of the seizure. If they die at work because there were unsafe conditions and they were not protected, this can be considered a wrongful death. There are so many different types of wrongful death suit and knowing what qualifies as a wrongful death suit can really help you to file your claim and get your suit off the ground.
Who Gets the Money in a Wrongful Death Suit?
In order for a wrongful death suit to be filed, someone has to have died. This means that the person that passed is not going to be collecting the money from the suit. There is a proper chain of beneficiaries however that shows just what happens to the settlement when a wrongful death suit is settled and there is money to be had.
The money can first and foremost be used to pay for the funeral expenses and the end-of-life expenses for the individual that died. This money can either be paid directly to the person that paid for the arrangements. After those expenses are paid the next person that is going to get paid are the attorneys that argued and presented the case. They are going to take their legal fees and then the rest of the money can be distributed.
In most cases, the family of the individual that died is going to get the money and they are going to be able to divide it. If the individual had a spouse, the spouse is going to be the first to get the money as they are the next of kin. If there is no spouse but there are children, the money then goes to the children as they are the next of kin. The line of succession keeps going as it pertains to the next of kin of the person that passed. The court does this to make sure that that was directly affected by the death are going to be paid the settlement.
How to File a Wrongful Death Suit
If you have a family member that passed as the result of what you believe was a wrongful death you should first take the time to contact an attorney. They are going to be able to get the ball rolling and help you collect the information that is needed to file the suit. This will likely include an investigation into the place where the person passed, the people that were there, and so on. It will also include a look at what medical measures were taken to save the life of the person in question after they were injured and before they passed.
Your attorney will help you to collect information, witness statements, reports, and more to help substantiate and prove the case and prove that the person in question died as the result of something that another person did or did not do. With a wrongful death suit, documentation and proof is going to be your best bet and the best way to make sure your case is heard and that it has a chance of paying out.
Wrongful death suits are difficult to argue as they do dredge up memories from when the person passed and the process by which they passed. It is important that you take the time to prosecute those that were not responsible and that did not keep their employees safe. A good wrongful death attorney is going to be able to argue your point, they are going to be able to get the information that is needed to argue your case, and they are going to be able to do so in an empathetic manner that allows everyone involved the chance to move on with their lives and get started on a new life without the person they care about.
