The death of a loved one is never an easy process. It makes things much worse when you know that it could have been prevented. This is where a wrongful death case comes into play.
Wrongful death cases happen more than you would think. Medical errors are estimated to be the third-largest cause of death in the United States.
Are you concerned about not having enough information for filing a wrongful death claim? Keep reading to learn all the steps you need to take.
1. Find a Lawyer
There is a lot of nuance to a wrongful death claim. If you don’t have experience navigating the law, you may not be able to handle everything yourself. A good lawyer can be the deciding factor between a win or loss.
Make sure to find a lawyer that specializes in wrongful death cases. When you have an expert by your side that has a history of winning, you’re not going to miss any of the little details of your case.
2. Prove Negligence
You can’t file a lawsuit for wrongful death without proof. It’s up to you to come up with it.
There are three things you need to prove for these cases:
- Duty of care
- Breach of duty
- Proof that the breach of duty is the cause of death
You will need to find medical experts to help you prove your case. They will be able to explain to the courts how negligence caused your loved one to pass away.
3. Decide on Damages
Before you start your case, you need to figure out how much money you’re entitled to. There are a lot of factors that go into this.
Pain and Suffering
Did your loved one suffer because of negligence? If so, you deserve compensation for the pain they suffered.
Health care is expensive. If your loved one is on the hook for medical bills, you shouldn’t be forced to pay for them. The court will award these bills to you during your case.
Was your loved one responsible for providing for anyone? If so, you’re entitled to receive compensation for future income. This money will help provide for the people that are left behind.
4. File Your Lawsuit in Time
Once you’ve proven negligence occurred and have decided on damages, it’s time to file your lawsuit. But you can’t wait too long to do this.
Every location has a different statute of limitations when it comes to wrongful death. If you wait too long to file, you won’t be able to bring your case to court.
Don’t Jump Into Filing a Wrongful Death Claim
Bringing on a wrongful death claim isn’t an easy process. You need to make sure to do all the required research and due diligence if you want your claim to be a success. Make sure to follow the steps above, so you don’t miss part of the process.
Are you interested in solving other problems you may experience in life? Head back to our blog to read more posts that can help.