Defending Your Custody Agreement: Protecting Your Education Choices
What Is Wrongful Death?
by Daryl Young
Wrongful death is when an individual dies at the hands of another person's mistake or negligence. If your family member has wrongfully died at the hands of another person, you are able to sue that person.
What Qualifies as Wrongful Death?
There are quite a few different types of wrongful deaths, some of which you may not have thought about before.
This can include:
Medical malpractice. This occurs when a doctor makes a mistake and it results in the death of the patient. For example, if a doctor is operating on a patient and cuts an artery cause the patient to bleed out, this could be considered a wrongful death because the doctor should know to avoid the arteries as they have been extensively trained to do the job.
Car accident. This occurs when an individual causes an accident, killing the person they collided with. For example, if a driver runs a red light and hits another driver, killing them, this would be a wrongful death.
Work accident. This occurs when an individual dies as a result of poisoning from work, machine malfunction, etc. One example of this could be an individual who was roped into working a 15-hour shift and falls asleep behind the wheel on the drive home. This could be considered wrongful death because the employer is at fault for overworking their employees to the point of exhaustion.
Is Murder Considered Wrongful Death?
A common question is whether murder qualifies as wrongful death. Murder is complicated because the responsible party will also be tried in a criminal case. There will be times where you will also be able to sue that person for wrongful death on top of them being charged with murder. A general rule of thumb is that murder is considered a wrongful death but wrongful death is not considered murder. This is because murder is considered an intentional killing, while wrongful deaths can very well be accidents.
Who Can Sue for Wrongful Death?
Who can sue when an individual has wrongfully died varies depending on the state you live in.
The following people may be able to carry out a lawsuit:
Anyone financially burdened
What Can Be Rewarded in a Successful Wrongful Death Claim?
If you take someone to court and you successfully win the case, there are a few different things the individual may be responsible for reimbursing.
This can include:
Pain and suffering
Loss of income
Loss of inheritance
To learn more about your options in a situation like this, contact a wrongful death lawyer.
When my ex-husband decided to contest my choice to homeschool our children, I knew that I had to defend my right as the custodial parent. Our custody agreement gave me authority over educational decisions, but he still took me to court. I spent a lot of time working with an attorney to find out how best to handle it, and I did a lot of research on the laws as they applied. If you're trying to defend your educational choices amidst your divorce, this site may help. I've built it to share everything I learned and explain the process that I went through to secure my rights.