If you’ve recently lost a loved one in an accident or due to someone else’s negligence, you may wonder if you have a wrongful death case. While no amount of money can ever make up for the loss of a life, filing a wrongful death lawsuit can help alleviate some of the financial burden left behind.
To learn more about what kinds of cases may qualify as wrongful death, read on. But first, if you think you may have a case, it’s important to speak with an experienced attorney who can evaluate the specific facts of your situation and advise you on how best to proceed.
What Is a Wrongful Death Case?
A wrongful death case is typically a civil lawsuit brought against a person, company, or other entity whose negligent or intentional acts result in the death of another.
As opposed to criminal cases, wrongful death cases are not intended to punish the responsible party. Instead, they are filed to seek compensation for the deceased’s family. This could include lost wages and medical costs resulting from the accident as well as compensation for emotional distress and loss of companionship.
In addition, punitive damages may also be awarded if evidence proves the liable party’s actions were particularly egregious or reckless.
It is important to note wrongful death claims do have limitations and may only be available if certain factors are met such as having an immediate relative who has passed away.
When Is a Wrongful Death Case Applicable?
Wrongful death cases are applicable in a variety of situations when a person’s death is caused by another’s negligent, careless, or intentional act.
For example, they can involve motor vehicle accidents caused by reckless driving or drunk driving, medical malpractice such as misdiagnoses leading to an unnecessary death, exposure to an unsafe condition on someone else’s property, hazardous products causing injury resulting in death, and criminal acts like an assault that result in fatal injuries.
In many of these instances, family members may be able to file a wrongful death lawsuit with the help of an experienced personal injury attorney. Wrongful death lawsuits permit family members to seek compensation for their losses and hold the wrongdoer responsible for the harm they have caused.
How to File a Wrongful Death Lawsuit
Filing a wrongful death lawsuit can be a difficult process, because of the many legal systems and regulations involved. It is important to contact a lawyer who specializes in wrongful death suits in order to understand all the nuances and steps required for filing such a claim.
Generally speaking, the family members or estate of the deceased person must be identified as plaintiffs, and the case must be brought through civil court rather than criminal court.
In addition, it must be proven that the defendant’s actions were negligent or otherwise caused harm to the deceased person.
Once these initial steps are complete and there is ample evidence collected, then an official filing will take place and the legal battle begins.
It is not a simple process that should be taken lightly as there are many variables to consider throughout. Hiring a personal injury attorney is paramount to avoid mistakes that could lead to you losing the case.
Do You Have a Case?
If you think that you have a valid legal case, the best advice is to make sure that you do your research and consult with an attorney to get the most accurate and up-to-date information.
Knowing all the details can help maximize your chances of success. Seeking the help of an experienced lawyer with expertise in the field can assist in interpreting what evidence matters, as well as advise on any unusual or unique circumstances associated with the case.
It’s important to be thorough in preparing your case with your attorney and understanding what factors could possibly work against you.
In addition, consulting with an attorney may provide additional insight into potential strategies that could lead to a successful outcome.
Ultimately, investing time in educating yourself and having access to qualified legal assistance is essential for making informed decisions about how to proceed if you think that you have a case worth pursuing.
Whether it be for simple advice for navigating the legal process or assistance in filing a claim, an experienced attorney specializing in this area of law can provide specialized services to fulfill all of your needs.
Gaining knowledge from years of experience, they are well-versed in the field and are available to discuss any potential case.
Although no amount of money can ever truly compensate you for the death of a loved one, filing a wrongful death lawsuit may be the best way to obtain justice and hold the responsible party accountable.
If you think you have a case, contact us as soon as possible to discuss your legal options in a free consultation.
Call Us Today
If you have lost a loved one and you want to file a lawsuit, call us today. We can advise you from the start and help you get the compensation you deserve.