Wrongful Death Claim Qualifications
One of the toughest positions anybody must fill is that of an executor of a decedent's estate. If a loved one dies because of negligent behavior, you can file a wrongful death lawsuit on their behalf.
If negligence is the reason why a friend or family member is no longer alive, get to know the qualifications of filing a wrongful death case.
A successful lawsuit is when the victim’s family is compensated for loss and damages. It may be the coverage you need for unpaid medical bills, loss of support, and funeral expenses. It is crucial to know the basics of what to do when filing a wrongful death suit.
The Basics: Filing a Wrongful Death Claim
Wrongful death claims can come from various circumstances. This includes many moving variables.
For Example:
Prosecutors may not have enough evidence to convict, but they might have an adequate amount to prove liability for wrongful death.
Some common examples of death claims stemming from negligent or intentional behavior:
- Car accidents
- Criminal behavior
- Medical malpractice
- Workplace accidents
- Pedestrian accidents
- Birth injuries
- Premises accidents
- Unsafe pharmaceutical drugs
- Unsafe transportation accidents.
- Defective and malfunctioning products
- Intentional infliction of emotional distress
- Supervised activities - childcare, adult care, and field trips
- Nursing homes or assisted living abuse and/or neglect
Only a personal representative of the decedent’s estate may sue for wrongful death.
4 Elements to Prove Wrongful Death
To prove the death of a loved one comes from another person's intent to harm. The person left in charge of a victim's estate must show a monetary loss. A judge or jury will examine the health, life expectancy, and age of the negligent party. The plaintiff’s circumstance is usually also relevant to the outcome of the case.
The four key elements in a wrongful death suit are:
The executive of the estate submitting a claim must prove each element. Otherwise, they will not win the case and receive financial gain.
1. Negligence
Prove that your loved one's death results from the recklessness of the defending party.
2. Breach of Duty
Prove that the defendant in the wrongful death suit owed a duty to the deceased victim. Yet, they breached it through their negligent actions.
3. Causation
While proving a breach of duty toward the departed, the plaintiff also needs to show the cause of death.
4. Damages
Prove there are quantifiable damages like burial costs, hospitalization, and medical expenses. Damages also include the pain and suffering the victim experienced before their death.
The plaintiff needs to produce reliable and convincing evidence. You need to prove each of the four elements in a wrongful death suit, it cannot be just one or two. Evidence can include the testimony of expert witnesses and crucial files.
Hiring a professional lawyer is a critical part of presenting evidence in court in the right way.
An attorney can prep family members on wrongful death actions. Together, you can discuss vital factors that the courts will examine, to increase the chance of winning.
Each claim is different and will have its own specific components. Every part will impact the outcome of a suit, such as whether the victim is a child, youth, or an elderly person. Age and earning capacity play a role in these cases. Courts use guiding principles to assess the loss of finances and income potential.
Wrongful Death Case: The Burden of Proof
A wrongful death case is not a criminal case but a civil action. As such, the burden of proof is set lower. To win a wrongful death case, the most critical piece is the power of evidence. Unlike a criminal case where you need to prove guilt beyond a reasonable doubt.
Pursuing a wrongful death case involves many steps, including:
- Building a strategy
- Speaking with experts
- Meeting witnesses
- Investigating the claim
- Research tort law
- Understanding the legal process
A wrongful death claim can include mediation and settlement negotiations. If both sides cannot agree, your lawyer can sue and take the case to trial. With a wrongful death suit, it is not the quantity of evidence that matters, but its credibility and value.
Ensure your evidence will create a solid case. To meet the burden of proof, you must win your claim to recover a part or all damages.
Hire a Personal Injury Attorney
As an executive of the decedent’s estate, you need to contact a local personal injury attorney immediately. It is tough to deal with negligent actions that caused the death of a loved one, let alone having to prove it in court.
During this challenging time, it is in your best interest to know about your legal duties, rights, and options before filing.
The primary component of winning a civil action case is finding the right lawyer. An attorney who is an expert in handling specific cases like yours is what you need most during this sensitive time.
You must have confidence in your lawyer. To build a powerful connection, check your attorney’s online and community reputation. Look at your lawyer's reviews and testimonials left by current and former clients. Take steps to find an experienced lawyer that you feel comfortable working with on your case.
To receive a competent and fair trial or settlement, it starts with the lawyer you hire.
Conclusion
Do not leave one of the most sensitive moments in your life, in the hands of an inexperienced lawyer. You deserve the highest chance to win your wrongful death claim.
An experienced attorney makes the legal process less complicated and easier to understand. Communication between you and an accomplished lawyer helps with receiving full compensation.
Choose what will benefit you when presenting documentation in court. To accomplish this, you must know the filing process and what evidence to collect. Gaining knowledge about a wrongful death case will strengthen the claim.
Connect with a lawyer to protect yours and your deceased loved one’s legal rights. With proper representation, you can develop a case that meets all the qualifications necessary for winning a wrongful death claim.