If your relative or family member has passed away due to someone else’s actions, you may be qualified to file for lawsuit involving wrongful death and get the justice you deserve. However, your case must first comply with specific criteria for it to be a valid claim. Understandably this can be a stressful time for you and your family, but you don’t want to miss out on these details. To bring a valid claim, you need to prove the following elements.
Negligence
You will need to prove that the death of your relative was either partially or fully caused by the recklessness, carelessness, or negligent actions of the defendant. This will require hardcore evidence so you can back your claim. It’s easy for things to fall through the cracks so it’s best to keep up with all the details to build your case. There needs to be solid proof that the actions of the defendant led to this wrongful death. This will be beneficial for you as you will need this evidence for a legal professional to help you.
Breach of Duty
You must provide evidence showing that the defendant owed your deceased relative a duty of care. In addition, you must prove that the defendant violated the duty. For example, motorists have a duty to all road users to drive safely and obey all traffic laws. If a motorist violates all traffic laws and causes an accident, they will have breached their duty to other road users. A police and medical report can help back that claim up. So, keeping track of all the details matters in this case.
Causation
You will also need to prove how the negligent actions of the defendant caused the death of your relative or family member. You need to be able to bring evidence that backs that claim. Like in the motorcycle accident, it needs to be proven that it was the motorist’s fault. That way when you bring this claim to a legal professional, they will be able to back you up. If you aren’t able to provide any causations to the wrongful death the case will go cold.
Damages
To win the case, you will also need to show how the death of the victim resulted in quantifiable damages like medical expenses, hospitalizations, burial costs, funeral costs, and loss of income and potential earnings. Other quantifiable damages include loss of guidance, protection, inheritance, and pain and suffering of the victim before they died. To prove all of these elements in court, you will need to produce very strong and compelling evidence like testimonies of expert witnesses. If you want to win the case, you should hire a wrongful death lawyer at Friedman Levy in New York City to help you collect the evidence and build a strong case for you. Common causes of wrongful death are product defects, medical malpractice, birth injuries, and occupational hazards. Other common causes include vehicle accidents, occupational exposure, premises accidents, abuse in assisted living facilities, and criminal actions like shootings and stabbings.
Who can file the wrongful death lawsuit?
Your state’s laws will dictate who can file the lawsuit. For instance, some states only permit immediate family members such as parents, spouses, and children to file the suit. On the other hand, other states allow any relative who was receiving direct financial assistance from the deceased to file a lawsuit. It’s best to research how these types of lawsuits go down in your state. Having this information will make the process go smoothly and efficiently.
How much money can I sue for?
The death compensation will be calculated by adding up all the economic losses that are associated with your loved one’s death. When you win the case, your attorney will receive the check from the defendant’s insurance company. The attorney will then deduct their fees from the settlement amount and give you the amount you had agreed on. Which can save you money in the long run if you invest in a legal professional.
Conclusion
If you lost a loved one because of someone else’s negligent actions, you could file a lawsuit against them. However, you must prove that the defendant owed your relative a duty of care, which they violated by acting negligently, resulting in the death of your loved one. It’s best to do all the research when it comes to building your case. This will make your attorney’s job a lot easier and make the case go by smoothly.
