Evaluate And Determine A Wrongful Death Case
If a person dies as a result of an accident, malpractice or even negligence, survivors are entitled to file a wrongful death claim against the responsible party. A person files a wrongful death claim to be able to receive compensation for the deceased’s funeral and burial expenses, loss of companionship, loss of wages, pain, as well as medical bills.
From a legal standpoint, wrongful death is caused by the negligence of another person. This basically means that a person you loved died because of another’s fault. In order to be able to file such a claim, you need to prove the existence of four different critical components that exist in your wrongful death claim.
First of all, you need to show that the defendant had a duty to the deceased and then that the defendant failed in that certain duty. On top of that, you also need to show that the fatality was caused by the defendant’s breach of duty, but also that the survivors are entitled to damages because they lost a person close to their hearts.
Hiring a professional lawyer is important in order to file and win a wrongful death claim. The lawyer will immediately try to obtain all the records, evidence and witness statements that support your claim. Trying to do this by yourself is very costly and time consuming, so getting a professional to help is the good way to go.
In a typical wrongful death case, the lawyer seeks to obtain damages for the victim’s family, and these may include loss of inheritance, punitive damages, general damages, loss of care, loss of anticipated earnings that the victim was supposed to get until retirement or death, loss of benefits as well as immediate expenses.
If you want to support your claim, a good idea is to preserve all available evidence and document it all. Everything from injuries, circumstances and even bills, can play a great role in showing that your claim is true and you need to receive some money in order to cover the immediate expenses, among other expenses.
What you do need to know is that the wrongful death claims need to be filed as soon as possible, since there is a limited period of time in which you can create and address this type of case, depending on the state you live in. Generally, the period is between 1-3 years, but might be even less, so it’s a good idea to file the claim sooner rather than later.
All in all, filing such a claim is legal and it’s your right, especially if you lost someone you love because of the negligence of someone else. While there are numerous lawyers out there that can help with this type of claim, many are very costly and do not have much experience with this type of case. Therefore, it is really important to find a good lawyer that cares more about your case and protecting your rights than your paycheck.