Tips on Handling a Wrongful Death Lawsuit and How to Prove Your Claim

Sometimes, accidents happen, and no one is at fault. However, there are instances when people get injured due to another person’s carelessness and negligence. That’s bad enough, but when a loved one dies because of such negligence, the surviving family members are left with profound grief, anger, and confusion.

Among the most common causes of wrongful deaths are car accidents and medical malpractice. According to a study, up to 98,000 Americans die yearly due to medical errors. Numerous factors and situations result in wrongful deaths. If you or someone you know has suffered such a loss, it is crucial to understand what legal recourse is available to you. One action that you can take is to file a wrongful death lawsuit.

What Is Wrongful Death Lawsuit?

Filing a wrongful death lawsuit means seeking compensation for your loss. However, you are required to prove that the party you are suing was indeed responsible for the wrongful death of your loved one. When it is proven that the other party was negligent or intentionally harmed the victim, you will be awarded the restitution for your loss. 

Some causes of wrongful deaths include car accidents, medical malpractice, defective products, intentional assaults, and premises liability injuries. When filing your claim, you must show that there was negligence or the act was deliberate. An example is when a driver was negligent and drunk driving when the accident happened. You can get compensation for damages in these instances. 

Types of Wrongful Death Cases

When someone’s intentional wrongdoing or negligence causes a death, it is considered a wrongful death. Murder, assault, and battery that resulted in death are considered intentional types of wrongful death. 

You can also file a wrongful death case against another party whose negligence caused harm or death. Some examples of wrongful death cases that resulted from negligence include car accidents, defective products, slip and fall cases, medical malpractice, construction accidents, and animal attacks. 

These are not just simple negligence cases. You have to prove a breach of the duty of care and show that the defendant acted with a level of care below the expectation. For example, in a medical malpractice claim, you must prove that the defendant’s level of care is not on par with the professional standard.

Who Can You Sue for Wrongful Death

Almost every entity or individual can be sued for a wrongful death; it’s just a matter of proving the case. 

• You can sue drivers at fault for collisions, especially if they committed violations while driving.
• Companies that design or manufacture defective products and fail to warn people about faulty products can be sued.
• You can sue people or establishments that provide alcohol to impaired drivers that result in fatal accidents.
• Companies that designed and constructed faulty roadways can be sued.
• Medical professionals who are proven to commit malpractice can be sued.
• Government agencies that fail to provide sufficient warnings about road hazards can also be sued. 

Tips on Filing a Wrongful Death Lawsuit

If you believe that someone caused the death of your loved one – either due to negligence or an intentional act – you should file a wrongful death lawsuit as soon as possible. There is a statute of limitations to consider, so you must pursue your claim promptly.

Remember to file your case in a court with jurisdiction over your case, which usually means pursuing a case where the death happened. You also have an option to negotiate a settlement out of court. However, make sure to consult an expert lawyer so you can get a fair settlement. In most cases, you will be negotiating with an insurance company anyway. 

If you cannot reach a settlement agreement with both parties, you should pursue your case in court. Also, remember that choosing a settlement will mean giving up on any future claims. 

When filing a wrongful death lawsuit, you have to take into account the length of time it takes to settle the case. Some cases are settled quickly, while others may take months or years. You have to remember that some cases may take time to investigate, so conclusions can take some time. 

Win Your Wrongful Death Case

If you are a surviving family member of a victim of a wrongful death, you need to prove various elements of negligence to win your case. Some of these elements are as follows:

Proving these elements means providing evidence and gathering witness testimony. You have to gather enough evidence to convince a jury or judge that there was a wrongful death and you have suffered damages. Finding a lawyer to assist you with this process can help you achieve the best results.