A wrongful death occurs when a person’s negligence or intent to harm causes the death of an individual. The one who caused the death should be held accountable.
The family members or a representative of the estate have the right to pursue compensation for the victim’s death. Hiring a wrongful death attorney ensures the rights of the deceased’s family are protected at all times.
What are the Elements of Wrongful Death?
Certain elements must be proven in a wrongful death claim. A lack of evidence can make it difficult for the victim’s family to prove liability and the monetary and non-monetary damages they suffered. The following are key elements that must be proven in court.
– A human being must have died.
– The death must have been caused by negligence or intent to harm.
– The surviving family members or the estate faced measurable damages because of the death of their loved one.
– The family must appoint a representative to represent the estate of the deceased in court.
Evidence is crucial when it comes to wrongful death because these cases are arduous to prove in court. Hiring a wrongful death attorney will help in gathering the right level of evidence, so the case remains viable in court.
Who Can File a Lawsuit?
The family members of the deceased have the right to pursue their loved one’s wrongful death in court. Although many wrongful death cases are settled outside of court, this is not always the case.
If the at-fault party or their insurance company refuses to be cooperative or fair in their settlement offer, the family may continue with the process of filing a lawsuit.
It is important to note that only certain people can bring about a suit for wrongful death. The following are those who are entitled to file a lawsuit.
– Immediate family members, including spouse, children, siblings, and parents
– Domestic life partners
– Certain financial dependents
How to Prove a Wrongful Death Claim
Proving a wrongful death claim involves having the right level of evidence. When an attorney is hired, they will immediately take over the investigation and work to gather evidence that will hold up in court.
Once the attorney is hired, they will take over all the steps involved in the process. From negotiating with the insurance company to filing the paperwork for the lawsuit, they will ensure every detail is taken care of in a timely manner.
Each state has its own statute of limitations that must be adhered to regarding the filing of a wrongful death lawsuit. Going past this deadline will result in the family having no more legal claim to compensation.
Schedule a Consultation Appointment
One of the first steps the family should take is to schedule a consultation appointment with the attorney. These appointments are generally free for new clients and can be very informative.
Here, families will learn if their claim will hold up in court, how much it is likely worth, and how the attorney will help. They will also discover more information regarding the laws that govern wrongful death and their rights as a victim.
Receiving compensation for a wrongful death claim certainly will not bring back the deceased or take away the deep sadness, but it will help to bring closure and provide financial help to mitigate the losses that were suffered.
If your family has suffered a loss due to wrongful death, now is your opportunity to hold the person who caused the death responsible. Scheduling a consultation appointment will help you get started on the process so your family can receive the compensation they are owed.
