A wrongful death lawsuit happens if the survivors sue the liable party who caused the death of someone because of carelessness or misconduct. This lawsuit aims to garner compensation for those who file the legal case. This might involve paying for lost salary, funeral costs, and lost companionship.
Various incidents can result in a wrongful death lawsuit, such as if you experience losing a loved one in a fatal accident or due to medical malpractice. It can also result from accidental overdoses and poisoning or product liability.
The information below will tackle some steps to heighten your chance of winning a wrongful death lawsuit.
1. Hire the Ideal Wrongful Death Lawyer
One way to win a wrongful death lawsuit is to hire a lawyer who’s an expert in this area. Hiring a wrongful death lawyer ensures that someone will handle your case with knowledge and experience. Thus, it improves your chances of winning the wrongful death lawsuit.
Besides the proper knowledge and experience, there are other benefits to hiring them, such as:
It saves you time and money.
One way a wrongful death lawyer can save you money is that they often ask for their percentage from your settlement only if they won your case. This is called a contingency fee, and it can save you money during the lawsuit procedure. This can be cost-effective during the legal proceedings, as you don't have to pay the lawyer upfront or throughout the trial.
They can communicate with your insurance companies.
Insurance companies are often more focused on gaining money. Thus, they’ll likely want to avoid paying you for the damages you sustained because of someone’s negligence or misconduct.
Luckily, a wrongful death lawyer can handle your insurance company for you. For one, these experts will do what’s possible for you to get the proper compensation you asked for. If your insurance provider fails to give you the necessary amount for the damages, a wrongful death lawyer can represent you in court against your insurance company.
2. Prove All Elements of the Wrongful Death Claim
Filing a wrongful death lawsuit requires you and your lawyer to prove that the liable party is guilty. For one, these experts must confirm that every aspect of the case is true.
Here are the four elements of a wrongful death claim that your lawyer must prove for you to succeed in the case:
Duty of care: This is an element that proves the liable party is responsible for the life of your deceased loved one.
Negligence: This involves the defendant failing to act according to their duty of care. Intentional conduct to harm an individual can be considered an example of negligence.
Causation: This implies that the wrongful death of a person is a result of the liable person’s negligence.
Damages: This legal term involves how the victim’s family sustained significant loss because of the wrongful death. This could be the loss of companionship or funeral costs, among others.
It’s best to hire a lawyer to prove these elements to get justice and compensation in a wrongful death lawsuit.
3. Consider the Statute of Limitations
The statute of limitations is the time limit for filing a legal lawsuit against the liable party. This time limit is applied to hinder people from filing a claim against negligence or misconduct that happened long ago.
You and your lawyer must adhere to the statutes of limitations. The reason is that this deadline aims for you to obtain pieces of evidence while it’s fresh. For one, filing a wrongful death claim after a long period increases the likelihood that witnesses will forget the event or that the pieces of evidence will be lost or destroyed.
Additionally, the statutes of limitations differ in every state. Each state will set its own time limit for filing a wrongful death. That said, a statute of limitations generally happens during the following:
The date the harm has occurred
The date on which the complainant identifies the harm
The specific time in which the complainant should have determined when the wrongful death occurred
Ultimately, it’s best to get acquainted with your state’s rules regarding its statutes of limitations.
Filing a wrongful death lawsuit is the best way to seek justice and compensation if your loved one dies because of another’s misconduct or negligence. This helps ease some of the pain you sustained because of the wrongful death incident.
To start, you can hire a lawyer who’s knowledgeable in handling the case. Secondly, proving the elements involved in a wrongful death claim will also help ensure the defendant is guilty. Lastly, filing the lawsuit within the prescribed time limit is best to avoid further issues.