When someone dies, it’s natural for you to take some time to grieve. For some people, knowing their loved one died at the hand of someone else makes it all the more painful. When a spouse or family member dies in a car accident or under the care of a senior facility, they’re the victim of what is called wrongful death.
Fortunately for you, certain circumstances allow for you to sue the party at fault. Before filing your lawsuit, here are a few things you need to know.
Who qualifies for a wrongful death lawsuit?
It’s important for you to understand that not everyone qualifies for a wrongful death lawsuit. Common causes include:
-Medical malpractice
-If the victim is intentionally murdered
-Work-related accidents that result in death
-Aviation-related accidents
-Pedestrians hit by negligent drivers
If your loved one is a victim of any of these, contact an attorney immediately.
Who can file on behalf of the deceased?
If you’re immediately impacted financially by the death of your loved one, you do qualify. However, there are guidelines on who can hire a wrongful death lawyer. Obvious choices are children and spouses of the deceased, but you can also file a claim if you are:
-Parents of a deceased baby or fetus
-Siblings or grandparents
-Adopted children or parents of an adopted child
-Children of unmarried parents
Depending on where you live, distant family members can also file wrongful death claims. Do your research prior to meeting with an attorney.
How do you win a wrongful death case?
Ultimately, the plaintiff has the burden of proof against the person responsible for the accident. In other words, you have to prove the other party is responsible for the death of your loved one beyond a reasonable doubt.
For instance, if your loved one died during an operation, you have to prove that the practitioner was negligent and that their injuries were the direct result of the physician’s error. You also have to prove that the settlement money you’re asking for is necessary to maintain your quality of life.
Depending on the circumstances, you may be able to file a survival action claim. Survival action claims are the damages that took place from the time of injury until your loved one dies.
You shouldn’t have to suffer emotionally and financially. By understanding wrongful death lawsuits, you can file a claim and be rightfully compensated.
