Here's What You Should Know About Filing A Wrongful Death Lawsuit Before Hiring A Lawyer
Are you wondering whether to file a wrongful death lawsuit on behalf of a loved one? If you decide to move forward, you should hire a lawyer to represent you. But first, you should know a little about filing a wrongful death lawsuit.
What Is Considered a Wrongful Death?
There are many instances when a wrongful death claim can be filed, such as when someone is killed in a vehicle accident due to the negligence of another party. A wrongful death lawsuit can also be filed against a medical facility or a doctor if someone dies as the result of medical malpractice. Someone who dies after an accident on a property that is not safe could result in a medical malpractice claim when all is said and done.
A civil wrongful death lawsuit can even be filed against someone who intentionally kills someone else. The bottom line is that any death that is the result of negligence or intent could result in a wrongful death lawsuit.
Who Can File a Wrongful Death Claim?
A surviving spouse can file a wrongful death lawsuit in every state throughout the country. Parents of minor dependents and children of parents can typically file a suit, too. However, parents of adult children, siblings, and extended family may or may not be able to file suit depending on what state they live in. Also, some states allow partners to file wrongful death lawsuits while other do not. A wrongful death attorney can let you know exactly what the laws are in the state you want to file a wrongful death lawsuit in.
What Kind of Wrongful Death Proof is Required?
To successfully file a wrongful death lawsuit, the burden of proof exists just like it would if the victim survived and were to file a personal injury lawsuit. If the victim died due to negligence, the negligence must be proven through things like witness statements, videos, police reports, and medical records. You will have to prove that the defendant did not meet their duty to care for the victim in some way which resulted in the death. Luckily, you do not have to gather the evidence yourself. A lawyer can gather all the proof required to get your wrongful death lawsuit accepted by the courts.
What Kind of Compensation Can Be Requested?
There are many things that can be considered when requesting compensation for your loved one's wrongful death claim. First, medical and burial costs would be included in the claim. Other things you could be compensated for include:
- Loss of Inheritance
- Loss or Companionship
- Loss of Consortium
- Pre-Death Pain and Suffering
Your lawyer will consider these issues and more when helping you determine how much compensation to request from the other part when filing a wrongful death lawsuit. Contact a wrongful death lawyer for more information.