Accidents happen for all sorts of reasons. Whether it’s a motor vehicle collision or something went wrong at the doctor, there are times when these accidents result in serious injuries.
There are times when a loved one has a severe injury that can’t be fixed entirely. While the level of disability may exist, there may also be something else looming. Death may occur in the days, weeks, or even months after an accident occurs. If you suspect that the underlying incident may have caused the demise of your loved one, a boston wrongful death attorney may be able to guide you through. Take a look at the implications of this type of lawsuit.
What Happens if There Is a Pending Personal Injury Suit?
Sometimes those who are hurt retain counsel and start to fight against the person who caused the injury. A personal injury suit may be filed with the court. This action must prove that the defendant, or the person responsible, was negligent in their behavior and that the result of this negligence was the injury. Every person must follow a standard of care when it comes to making sure others around are safe. If an attorney found that the defendant violated this duty of care, then it is reasonable a personal injury lawsuit was filed. If the plaintiff dies during the process, it will be turned into a wrongful death action.
Who Can File a Wrongful Death Suit?
When the death occurs quickly, and no personal injury lawsuit was filed, then how can you recover damages from the accident? The plaintiff in a wrongful death case is usually an heir of the deceased. A spouse, children, or even parents and siblings can all hold standing to file a wrongful death lawsuit on behalf of their loved one. As in personal injury, negligence on the part of the defendant must be demonstrated.
When someone dies, it can be quite shocking. A wrongful death lawsuit may be the best way to get back some of what was lost.