What could be more painful and devastating than losing someone? It’s losing someone who was dear to you; someone you shared dreams with, someone you’ve been helped through bad times and good times, and someone you love. Nobody can ever be prepared for death, and nobody can ever replace that particular person in your life. What would make things worse is if you find out that your pain and suffering was caused by another person. A person who was responsible for your family in a certain way, but has been negligent. It’s more painful to know that that person is still out there, living day to day while you’re mourning your loss.
What Can You Consider If Your Family Has Wrongfully Died?
There are steps that you can take to get your well-deserved justice. These steps will help you all throughout the process if you religiously follow them.
- You should take time to learn and understand the different wrongful-death claims.
Depending on the situation and how the person died, you can file a lawsuit against that person. You need to have pieces of evidence proving there’s carelessness and your suit should be in the right context.
You can successfully file a lawsuit for wrongful death if your loved one died in the following circumstances:
- Vehicular crash
- Product liability
- Medical malpractice
- Construction accident
- Police misconduct
2. You should work on establishing negligence.
Carelessness is the first and most essential component if you plan to sue for wrongful death. It’s essential for you to prove that the person responsible for your family’s situation was irresponsible in doing their responsibilities. You need to show that their actions were the ultimate cause of the death.
To build a strong case, you need to prove that:
- The perpetrator was aware of the possible dangers that may occur if they become negligent
- The perpetrator’s activities lead to your loved one’s death
- The perpetrator violated their responsibility
- The perpetrator was obliged to act in a certain way to prevent accidents from occurring
3. You should work on figuring out causation.
You should work on proving that the person who causes your family’s situation has willfully or negligently acted. It’s essential that you prove they’re the one responsible.
To prove causation, you should:
- Collect shreds of evidence that will show their disregard
- Gather people who have seen the accused in action
- Employ experts that can meticulously prove to the jury and court that the perpetrator’s carelessness causes the outcome
4. You should ensure that you can show that you’ve suffered financial damages.
For you to receive compensation for your damages, you need to prove to the court that your sufferings include financial damages. You should also ensure that these damages can be recovered financially.
You can only ask for compensation if you have suffered:
- Funeral costs
- Lost an inheritance
- Parental care’s value
- The conscious pain of your loved one because of an injury or illness
5. You should look for and talk to witnesses.
As soon as you have proof that could help you win the lawsuit, what you need to do is find pieces of evidence that help you demonstrate the existence of negligence. You can further enhance your chances of winning by looking for possible witnesses and talking to them.
You can talk to witnesses about:
- What they have seen
- What they have heard
- What they have felt
- What they have smelt
6. You should ask for medical records from medical professionals.
One of the essential shreds of evidence in a lawsuit for wrongful death is an autopsy report.
The autopsy will be able to reveal:
- The true cause of death
- Time of your loved one’s death
- Medical facts about your family’s demise
If you’re doubtful of the autopsy, you can also hire a medical professional that you trust to repeat it for you.
7. You should take time to locate the police reports regarding the incident.
Police are the first people that will arrive at the scene of an accident, primarily if the accident has resulted in death. They will then make and file a report regarding the incident.
The report that the police makes is essential in proving negligence and causation. It would also help you look for possible witnesses. The police report usually contains:
- What the police saw
- When the police saw it
- What the witnesses told about the incident
- Who the police talked to
8. You should work with experts who can review documents about your family’s death.
As soon as you’ve assembled the needed records, you can work with experts that help you further prove your claim. They’ll be able to look at your pieces of evidence and make a report on their findings.
You can further prove your case if you work with:
- A medical professional to review your loved one’s medical reports
- A doctor or a mortician to work on the autopsy and analyze the findings
- A lawyer to review the reports, including the police report
9. You should know the statute of limitations.
If you’re looking to sue for wrongful death, you should take time to learn the statute of limitations. The law of limitations states the time you’re allowed to file a lawsuit.
10. You should take time to go through the process of verification.
You won’t be allowed, or you will have a hard time filing a wrongful death case if you haven’t verified the legality of your family’s demise.
Get In Touch With A Wrongful Death Lawyer Now
The most crucial step for you to take after your loved one’s untimely death is to get in touch with a reliable lawyer as soon as you can. You should work with a lawyer who can work on fighting for your pain and suffering. If you’ve suffered an irreplaceable loss and in need of legal help, click here. You can find assurance that you don’t have to go through it all by yourself.
Joanne Reed has been writing about law and business for almost a decade, and is currently writing her next big law project. She is an avid sports fan and loves watching games if she has free time.