In wrongful death cases, survivors can pursue legal action against the person who caused their loved one’s death. This type of claim can provide families with financial compensation for a variety of losses related to the death, including loss of companionship, medical and funeral expenses, and lost income.
The process of filing a wrongful death lawsuit is similar to a regular personal injury case, but with some key differences. First, you need to know how to file your wrongful death claim within the time constraints set by your state’s law. Second, you need to ensure that your claim has the proper legal foundation and meets all of the requirements of your state’s wrongful death statute.
Proving Fault in a Wrongful Death Case
To prove fault, you must show that the defendant owed a duty to your family member and that the defendant breached that duty. You must also show that the at-fault party’s act caused your family member’s death.
Whether the defendant’s conduct was negligent or intentional, it must be deemed that it led to your loved one’s death. If a victim was not aware that they were in danger of injury or death, it may be harder to prove liability.
Establishing the Duty of Care – Another key element in a wrongful death case is to show that the defendant owes you a duty to act as a reasonable person. This means that the defendant must act with the care and skill a responsible adult would have if they were acting in your same situation.
Finding Evidence – Another crucial part of a how to do a wrongful death lawsuit is collecting evidence to show that the defendant’s negligence or intentional actions contributed to your loved one’s death. This may involve securing witnesses, obtaining records and other documents, and analyzing the accident’s aftermath to determine the cause of the victim’s death.
A wrongful death attorney can help you prove the elements of your case, including the defendant’s duty and breach, causation, and damages. Once these elements are established, you can then pursue your case in court.
Survivors of the Decedent: Some states allow a specific group of survivors or specified individuals to file suits on behalf of their loved ones. These groups or people are often given priority based on the closeness of the relationship that the deceased had with them.
Examples of surviving family members who can file a wrongful death lawsuit include spouses, children (including adopted children), and parents of unmarried children. Some states also allow siblings or grandparents to bring a suit.
The Defendant’s Insurance Company: If the at-fault party has insurance, they will likely want to settle your claim in a quick and convenient manner before you have a chance to file your wrongful death suit. You must make sure to hire an experienced wrongful death attorney to represent you and negotiate the best possible settlement for you and your loved ones.
Your wrongful death lawyer will work with you to gather all the necessary evidence, prepare your case for trial, and negotiate with the at-fault party’s insurance company. Your attorney will keep you informed every step of the way and give you a thorough account of the entire legal process.