What is a Wrongful Death Claim and How to File it?

Justice for a wrongful death victim will never fully bring them back, but it can bring closure and accountability to those who are involved.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action initiated by the family or estate of a person who died because of another party’s negligence or intentional injury. It seeks compensation for expenses such as medical bills, funeral costs, and emotional anguish caused by the death.

Elements of Wrongful Death Claims

A wrongful death claim must include the following four components: negligence, breach of duty, causation, and damages.

• Negligence

Negligence implies that the defendant owed it to the public to act reasonably and failed to do so.

• Breach of Duty

Breach of duty is defined as failing to exercise the reasonable care that a person in a similar position would have exercised.

• Causation

The defendant’s acts or inactions directly caused the death, which is known as causation.

• Damages

Finally, damages refer to the plaintiff’s losses because of the death, such as lost wages, medical expenditures, and emotional pain and suffering.

For a wrongful death lawsuit to be successful, all four factors must be demonstrated, and an expert attorney can assist families in navigating this difficult legal process.

How to File a Wrongful Death Claim

Filing a wrongful death claim is a complicated legal process with numerous critical steps.

• Step 1: Contact an experienced wrongful death attorney to see if you have a case.
• Step 2: The attorney will investigate the events leading up to the death and gather evidence to
• back up the allegation.
• Step 3: The attorney will file a complaint in the relevant court, naming the defendant(s) and detailing the losses sustained.
• Step 4: The defendant(s) will be served and given a chance to respond.
• Step 5: If no settlement is reached, the matter will be tried.
• Step 6: If the plaintiff is successful, he or she may be granted compensation for the damages sustained.

It’s vital to remember that wrongful death lawsuits have a statute of limitations, so it’s critical to act swiftly and obtain legal counsel.

How Do You Prove Wrongful Death?

To prove a wrongful death claim, four crucial components must be established: negligence, breach of duty, causation, and damages. Gathering evidence such as witness testimony, medical records, and expert views is required to demonstrate that the defendant had a duty to behave reasonably, failed to do so and that this failure directly caused the death.

Damages such as lost wages, medical bills, and emotional anguish must also be proven. By conducting a comprehensive investigation, presenting evidence, and negotiating with the defendant’s legal team, an experienced wrongful death attorney can assist in constructing a solid case. Finally, a judge or jury must decide whether the evidence given fulfills the legal standard of proof required to prove responsibility and pay damages.

Frequently Asked Questions (FAQs) – Wrongful Death Claim

Are you interested in wrongful death claims? We’ve got your back! To find out everything you need to know about the procedure for obtaining restitution and justice for your loved one’s untimely demise, check out our FAQs. Don’t put off getting the information you need to move forward and take action today!

How Are Wrongful Death Settlements Paid Out?

In most cases, settlements are paid in a flat sum or over time by the defendant, the defendant’s insurance provider, or both.

Who Can File a Wrongful Death Suit?

A wrongful death claim can be filed by the decedent’s immediate family members or the estate’s agent.

Who Can Be Sued for Wrongful Death?

Anyone who was negligent or purposefully caused the death may be held liable, including people, businesses, governments, and other entities.

Conclusion

If a loved one died because of someone else’s carelessness or malicious behavior, you deserve justice and restitution. Shea and Shea have years of expertise assisting families with the difficult legal process of bringing a wrongful death lawsuit.

Contact us today for a free consultation and allow us to assist you in obtaining the closure and accountability you deserve.