If you have lost a loved one due to someone else’s negligence, it can be incredibly difficult to come to terms with the loss. While nothing can make up for the emotional trauma of dealing with such a tragedy, filing a wrongful death claim can be one way of seeking justice and compensation.
A wrongful death claim is a legal action that allows certain family members or designated representatives of the deceased person to obtain monetary damages from individuals or parties who were responsible for their death. These damages usually cover medical expenses associated with last illness, funeral expenses and other costs related to the deceased’s passing as well as pain and suffering based on loss of companionship, financial security, advice and protection.
In order to determine whether you have grounds for a wrongful death case, it is important that you understand who is eligible to bring these types of claims forth in your area. Generally speaking, only close family members such as parents, spouses or children are allowed to file suits against those responsible for their loved one’s death but this varies by state so contact an experienced attorney familiar with laws in your region.
The next step involves gathering sufficient evidence that provides proof that negligence or wrongdoing was involved in your loved one’s passing. This often includes witness statements from people who were present at the time of accident/incident as well as medical records which will help establish cause of death and any relevant history etc which will all serve as evidence that could prove fault on defendant party during court proceedings.
It is also important to establish liability when filing a wrongful death claim; this means determining who was at fault or responsible for the victim’s passing (e.g., private individual/company, government agency etc). Filing suit against the wrong party (even if there was negligence) may result in dismissal so make sure to identify liable parties correctly before going through any further steps in the process.
No amount of money can replace loss of a loved one but filing wrongful death claims allows surviving family members to seek some form of justice and closure after such tragedies occur. It is therefore important to understand potential rights before proceeding with legal proceedings ahead so contact a knowledgeable wrongful death attorney if more information is needed along the way.