Nearly 200,000 people die every year following an accident or unintentional injury. A good chunk of that number is due to another person’s action or inaction. The wrongful death of a loved one is unfathomable to understand just as much as the tragedy that follows.
How do you move on? How can you gather the broken bits and function when that person is not around? The status of your finances change as well and your spirit. Nothing is the same.
While it’s hard, you can slowly collect the broken pieces you’re left and move on a little bit better when you file a lawsuit. The process is long and dreary, but you can find out the steps you should take to win your case below.
The 4 Aspects That Prove Wrongful Death
Winning a wrongful death lawsuit required that you submit enough evidence that proves the defendant is guilty. Guilt may be charged whether the defendant caused the accident directly or not. Surviving members must provide as much information as possible that shows the death of a loved one resulted in these 4 elements.
Breach of Duty
Another aspect of building a solid wrongful death claim is proving the opposing party failed to provide the victim common duty. For example, most wrongful deaths are a result of car accidents. The defendant often causes a breach of dirt by failing to obey the traffic laws and drive safely.
The hospital who cared for the victim could also help build your case if they too failed to provide a duty to maintain and provide competent care. You must state what duty the defendant didn’t meet which then resulted in negligence.
Negligence
One of the critical elements in winning a wrongful death lawsuit is proving negligence. There are many types of negligence and the levels vary. The judge can indict a charge with a single form of negligence or charge the defendant on several counts of negligence.
This includes recklessness, carelessness, or negligent actions the defendant did. You must also prove that the negligence caused by the opposite party resulted in the accident, not the victim.
Causation
You must then submit to the court evidence that shows the relationship between the defendant’s breach of duty of negligence. The connection with the pair should show how it caused your loved one’s death.
Damages That Follow
When your loved one passed away, a lot of things change. The event may alter the surviving victim’s finances or emotional well-being. Financial damages often include medical fees, hospitalization, funeral costs, and loss of income including potential earnings.
Emotional damage is often worse and it’s hard to put a number on it. The victim’s family can suffer from multiple forms of grief. They lost a person they card for and someone who was there to provide protection, happiness, and guidance.
Proving the damages that followed after the victim passed away requires convincing, solid evidence. If possible, having a witness provide a testimony strengthens the standing of your lawsuit.
Filing A Wrongful Death Claim
When you file a lawsuit, you are seeking compensation for any of the damages you experienced following the wrongful death. You can file a lawsuit in the event the cause was due to medical malpractice, car and work-related accidents, and nursing home abuse to name a few.
You have the right to file for a wrongful death lawsuit. It will take dedication and effect, but filing will help fold the defendants accountable and help you have better closure.
Who Can File?
The only persons able to start a lawsuit are representatives of the deceased such as a surviving spouse. The children may start also complete a claim if no spouse exists. If the victim had no offspring, the parents are then eligible to file. In the event the victim has no direct living relatives, the next closest blood relative may sue the opposing party.
The cost of filing a suit will vary from state to state. You can look up those fees through the court or determine those fees through a legal representative who helps you.
How much Compensation Can You Recieve?
The money given to rewards to cases vary depending on several factors:
- Overall expenses to cover medical and burial fees
- Lost wages and loss of a relationship following the death of the victim
- Emotional pain and suffering
Hire A Competent Lawyer
It is possible to start a lawsuit on your own. However, doing this is extremely difficult. The process is long and involves many fine, legal details you probably are not aware of. You also may not be in the best mindset to fight the case as well as you should because of the victim’s passing.
Your best chances at winning a wrongful death lawsuit will be hiring an experienced attorney. The right lawyer can tell you the best way to process with your claim and what you can expect.
Hiring an expensive lawyer is not enough to improve your odds in winning. Rather than focusing on how much a lawyer costs, focus on a lawyers’ reputation. Having an expensive lawyer represent you doesn’t help your case. It is the lawyer with the best education and history that will.
Win Your Case And Have Closure
It’s devastating enough to lose a person you deeply care for. No amount of sorry’s or money can bring the person back. The void that you are left with is immeasurable. Although it is impossible to fill that void again, you can get the closure you need by winning a wrongful death lawsuit.
You can receive the help you need by contacting us. We are more than happy to assist you in getting the justice you and your loved one deserves.
