Accidents happen; unfortunately, some lead to loss of lives. At that point, it is up to the family of the deceased to seek justice through a wrongful death lawyer. The relatives usually file the case to receive compensation for all damages such as lost wages, loss of companionship, and funeral expenses. Some accidents that can lead to loss of life include animal bites, medical negligence, auto accidents, faulty vehicle, and defects on the road. If you have lost a loved one due to someone else's carelessness, here is all the basic information you should have about wrongful death lawsuits.
How Does One Prove Wrongful Death?
Your lawyer can help you prove that indeed the other party was negligent, which led to the passing on of your loved one. You also need to show the court that you were affected by the death. These can be proven by presenting police and medical reports, testimonies from eyewitnesses and experts, and pictures from the scene. Medical and funeral expenses will help prove the damages done to the survivors.
How Does One File A Wrongful Death Claim?
With help from a lawyer, the first step is to prepare for the litigation. Here, you have to set up the estate where the deceased lived first before investigating the cause of death. However, there will be other experts helping with the investigations. The final step of the investigation includes finding and notifying those responsible for the death. From here, your family may decide to settle the matter outside court. But if this does not work out, you will do the litigation in court, which is a continuous process involving negotiations. If no settlement is made, the trial will continue, and the judge will make the final decision.
Can Anyone File A Wrongful Death Case?
No, only those related to the departed can file this kind of lawsuit. For example, it could be the spouse, parents, or kids to the deceased. In short, distant relatives like cousins may not be allowed to file a wrongful death lawsuit. However, some states may allow the domestic partner to file the claim. Usually, the survivors should hire a legal advisor to file the lawsuit on their behalf.
Wrongful death can take a toll on you and your family. Thankfully, you can receive justice by filing a claim and following it up to a meaningful conclusion. A wrongful death lawyer will be with your every step of the way.Share