A wrongful death claim or a lawsuit is a legal action taken against a person or entity that is held legally liable for another’s death. In most cases, the survivors of a deceased person file a claim following the legal hierarchy of survivorship. A wrongful death lawsuit may seem straightforward, but it can be difficult to prove and win.
However, the victim is no longer here to defend themself, after all. Proof beyond a reasonable doubt that the defendant is liable for your loved one’s death and that you have a legitimate claim against the defendant will take an extended period. In light of that, here are five tips you may utilize to strengthen your wrongful death claim.
In This Article
- Establish Each Element of a Wrongful Death Claim
- Provide Proof of Intention
- Get a Lawyer for Wrongful Death Claims
- Establish the Existence of Damages from Wrongful Death
- Avoid Disputes with Family Members
- How a Lawyer Can Advocate for Their Clients
- The Bottom Line
- Do You Need Risk-Free Legal Funding for Wrongful Death Lawsuits? Call Us Today!
Establish Each Element of a Wrongful Death Claim
To begin, if any of the essential elements are missing, the wrongful death claim will fail. Your attorney will need to prove the following to get you compensated and win your case:
Duty of Care
Essentially, you will need to show that someone owes your deceased relative any sort of duty of care. Simply put, you have a right to anticipate the defendant in your claim to behave in a specific way. For instance, the doctor performed all appropriate diagnostic procedures, and the correct diagnosis was made; and the careless motorist followed all applicable laws.
Negligent Breach of Duty
Now that you have shown that someone owes you a duty of care, you must provide evidence that they breached that obligation through their own carelessness. The doctor made an incorrect diagnosis in the previous scenario. The careless motorist was obviously under the influence of alcohol or drugs.
After establishing that a duty of care existed and was broken, you must now provide evidence to the court that the violation of the duty of care caused the death of your loved one.
The lawyer will then file a claim with the court for the losses you’ve sustained due to the wrongful death of your loved one. For instance, supposing the deceased was the sole provider for your household with two young children and you are now the sole breadwinner. You may be eligible for compensation for lost wages after the death of your spouse, depending on the legislation in your jurisdiction.
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Provide Proof of Intention
Another powerful strategy is to show the court that the defendant had the specific purpose to bring about the wrongful death. Despite the common association between murder and wrongful death, the law treats these two situations differently. A person can be executed for murder. However, even if the responder is found not guilty of the murder accusation, they may be held accountable for wrongful death.
Get a Lawyer for Wrongful Death Claims
Without legal representation, it might be challenging to establish the criteria listed in the first section above. It is important to be careful to get every detail correct because there are so many legal and technological issues involved. Remembering the details of your loved one’s passing is already a very stressful and emotionally taxing experience.
You should get the top wrongful death lawyer available for this purpose. Their knowledge and experience may have a significant impact, simplifying and streamlining the procedure as a whole. Most essential, having legal representation increases your chances of successfully resolving your wrongful death claim.
Establish the Existence of Damages from Wrongful Death
Providing evidence of losses suffered by the family and proof that the death was caused by the defendant’s negligence can strengthen your claim for wrongful death. The most typical types of damages you are entitled to claim are as follows:
- Loss of consortium
- Your survivor’s claim for pain and suffering endured before death
- Wrongful death
- Loss of affection and friendship
- The amount spent on the deceased’s medical care prior to their passing.
- The loss of the deceased’s presence as a source of direction and care in one’s life
- Income loss due to the decedent’s death.
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Avoid Disputes with Family Members
Although this advice may seem obvious, it deserves to be emphasized nonetheless. Emotions may run high as a result of the difficult circumstances the family must now confront. This may cause friction between the remaining family members. Thus, adding another layer of difficulty to the wrongful death lawsuit.
Therefore, ensure that you stay out of fights with other relatives if you want to present a unified front. This must be shown to the court. When all that time and effort might have been spent on the issue at hand, having to deal with family strife is an unneeded extra stress.
How a Lawyer Can Advocate for Their Clients
A lawyer may decide that you have enough evidence to win a wrongful death claim once the team has gathered evidence and determined that your case fits all the standards. Who can file a wrongful death suit varies by state.
A wrongful death attorney can bring a case on behalf of you, a family member, or the estate of the deceased. Wrongful death claims frequently settle out of court, but when the parties are unable to agree, they often proceed to trial. If the talks do not result in a fair settlement, your lawyer may opt to take the issue to trial.
The Bottom Line
A wrongful death is a tragic event in any case, but it occurs more frequently than you may think. Since intentional negligence can occur, wrongful death suits and litigations may and do fill the courts. The most critical takeaway from this is the need to get legal counsel to establish wrongful death. You’ll want to prevail in this lawsuit to honor your late loved one and make the most of a bad circumstance.
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At High Rise Financial, we understand how difficult losing a loved one can be. Hence, we offer affordable and non-recourse lawsuit loans to individuals with pending wrongful death claims. Contact us today at (866)-407-6404 for an initial consultation.