Did you know that medical errors kill almost 100,000 people in the United States every single year? If your family has recently suffered a wrongful death and you feel that you need to seek out justice, we are here to help.
Keep reading to learn everything you must know about wrongful death cases and hiring an attorney.
1. Knowing If You Have a Wrongful Death Case
If your family member lost their life because of someone else’s negligence or intentional act you might have a wrongful death case. If you are directly impacted because of their death then you definitely want to look into hiring a wrongful death lawyer to advise you on the next steps.
An experienced attorney will also know whether or not you have a case because in order to seek compensation you have to be able to prove negligence in the court system.
2. Bringing Forth a Claim
In order to accuse the defendant of a wrongful claim, there has to be a burden of proof. If it is for medical malpractice then there has to be proof showing that the defendant didn’t provide the duty of care they were supposed to and therefore breached their conduct. That breach then has to be proven to be the direct reason for death.
If the wrongful death occurred because of a car accident then you have to be able to prove that the other driver was doing something that had them distracted which led to the accident. For example, if they were on their phone it can be proven via their call or text logs.
3. Damages That Can Be Claimed
In a wrongful death lawsuit, you have the right to claim damages due to loss of income, loss of livelihood, or support from the dead victim. Also, if the defendant caused an injury before the person died that resulted in astronomical medical bills, you can ask for this money to be paid.
You can also claim for the burial and funeral costs to be covered.
4. Who Can File a Claim?
A spouse has the right to bring a wrongful death action no matter what state they live in. A parent of a minor child also has the right to file a claim in every state.
If you are not a spouse or the parent of a minor child then you have to check with an attorney whether or not you can file a claim because every state is a bit different. Usually, most survivors that are related to the victim have the right to file a claim.
Feeling Like a Wrongful Death Case Pro?
We hope that the above information about wrongful death can make you feel a bit less overwhelmed and allows you to make informed decisions during this difficult time.
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