Looking to File a Wrongful Death Lawsuit – Know How It Works
A wrongful death case starts by filing a complaint against a person liable for the death of someone by intentional action or negligence. Family members close to the deceased person can claim against the fault party responsible for the cause of death. According to law, the plaintiff or surviving person has to prove four elements of the wrongful death lawsuit.
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About the lawsuit of wrongful death
It allows justice to the family members on the side of their loved one who died because of violence or carelessness. A deceased estate personal representative is appointed to deal with such cases. Deaths, including accidental deaths, come under the lawsuit of wrongful death, but these cases have to meet definite criteria to file a complaint.
When is a wrongful death claim applicable?
If the victim is killed because of the wrongful action of the accused person, you can claim for the wrongful death legally. It can occur in various situations. Here are some examples related to a personal injury case, which can change into a wrongful death case.
- When the victim dies due to medical malpractice – In case a patient dies due to the negligence of the doctor or improper diagnosing of the condition by the doctor. Then, you can file a wrongful death complaint against that particular doctor.
- Accidental deaths – If your loved one dies due to a car accident injury, you can claim the wrongful death lawsuit
- When the victim is killed intentionally – For example, a person X sued in a court of law for the wrongful death of person Y. This civil lawsuit brought from the victim’s family was different from the criminal case of the state against person X
Wrongful death case key elements
You have to prove the following four elements for a wrongful death claim, they are:
Negligence or carelessness
In wrongful death cases, you have to prove that your relative is died because of the defendant’s recklessness, negligence, or carelessness.
Causation
Also, you have to show how the carelessness of opponent party escorts to the decease of your loved one.
Committing a breach
To get justice in the wrongful death case, you must prove, the defendant owed a duty towards the deceased person. For instance, doctors and health providers must maintain the health of a person. You have to establish how the defendant’s duty breached due to his or her negligence actions.
Damages
To prove the case of wrongful death, the victim’s death should generate damages like:
- Suffering and pain before death, which is referred as survival claim
- Medical expenses
- Hospitalization
- Burial and funeral costs
- Loss of inheritance
- Lose of love, care, companionship, nurturing, and support provided by the victim
- Services value which the victim provided
- Consortium loss
- Loss of valuable things like earrings, etc
- Loss of income from the victim
To prove these points in court of law, you have to provide convincing and strong evidence in the court. A few shreds of evidence will also require testimonials of strong witnesses. A well-experienced wrongful death lawyer will assist you in building the case with the required evidence and facts.
A load of proof
A wrongful death case comes under civil action because the evidence to prove it is low. These cases are judged depending on the evidence presented, while in a criminal case, the defendant is found guilty over reasonable doubt. Several steps are considered to get a better outcome in wrongful death cases. They include:
- Developing strategies
- Investigating claims
- Consulting experts
- Talking with the witnesses
- Researching of the laws
Also, the legal procedure involves demands, mediations, negotiations, and settlement. If you and the defendant are not in favor of a settlement, you can file a lawsuit and go for a trial.
Who are liable to file a wrongful death case?
In few states, direct relationship with the victim, family members like children, siblings, parents, or spouse of the victim can file the case. Others will allow any member of the family who receives financial support through the victim, such as cousins, uncles, aunts, grandparents, and others can also file the complaint.
In few states, the victim’s loving partner can also bring a claim (marriage is not compulsory). In general, getting success in the wrongful death suit is harder, particularly if the relationship is distant.
How will be the settlements of wrongful death is paid?
The attorney will get a bank cheque from the insurer, and then the lawyer will deduct the fees from it. Then the attorney pays the remaining amount directly for the victim’s relative who claimed (plaintiff). When you receive the settlement for wrongful death, there is no need to pay inheritance, estate, or income tax on it.
How much amount can you claim in a wrongful death lawsuit?
Usually, the compensation for death is calculated by adding the monetary damages related to the victim’s death. After calculating it, the suffering and pain damages are determined. Your wrongful death attorney and the insurance provider will use the methods to figure out the final amount.
Why you have to hire an attorney for legal representation?
To get success in a wrongful death case, evidence quality and credibility are necessary. Due to this reason, it is essential to hire a well-experienced attorney to handle the wrongful death suit. This lawyer will assist you in meeting the load of proof. In case it doesn’t meet, no recovery of compensation. So, make sure that you gather evidence that proves the death is caused due to the carelessness of the defendant.
Wrongful death cases are very complicated, so choose an attorney who understands these cases and assists you in every step to get success.
Many lawyers handle wrongful death cases, choose the best one who has good experience and success, and book your appointment today to discuss your case.
