Are you concerned about the passing of your loved one? You may have a case for wrongful death. You aren’t alone, either.
Wrongful death is more common than you think. There are 250,000 people in just the United States who die every year due to medical errors.
The question is, what do you do about it?
Wrongful death cases are a long and hard process. If you don’t have everything you need, then you’re going to hurt your chance of winning.
Below are five things you should do to increase your chances of getting a win.
1. Make Sure You’re the Right Person to File
Unfortunately, not everyone can file a wrongful death lawsuit. You have to have a close relationship with the person who passed away.
Your lawsuit must be filed by a representative of the deceased’s estate. The representative can be the spouse or an attorney that is hired. If there is no spouse, the children or parents of the deceased can file the lawsuit.
After those options are exhausted, you can then turn to blood relatives.
2. Don’t Wait Too Long
Unfortunately, you can’t wait forever to file a wrongful death case. It must be filed in a reasonable amount of time.
The time you have will vary by state. Make sure you look up your local law, so you know how much time you have.
3. Document Everything
To help your case, you should document all interactions with the defendant and all medical issues with the deceased. You want to keep track of all documents that point to a wrongful death at the hands of the defendant.
You will need also need to keep track of medical bills, lost wages, and pain and suffering. You can include these in the damages that are paid out with a successful lawsuit.
4. Prove Negligence
Communications and health history only go so far. If you want your case to succeed, you have to prove that the other party was negligent.
There are several items you need to address to prove negligence:
- Prove the defendant had a duty to care for the deceased
- Prove the defendant breached duty by failing to care for the deceased
- Prove the defendant caused the accident
- Prove damages
5. Find a Lawyer to Help
Navigating a wrongful death case is a complex process. If you want to understand your options, then find a lawyer to help.
The chances are that the party responsible for the wrongful death will try not to admit fault, so you could end up going to court. Make sure you find someone to help you navigate the process, so you have the best chance of winning.
Take Wrongful Death Cases Seriously
When you accuse someone of wrongful death, you’re making a serious accusation. If you don’t take wrongful death cases seriously, then you could be setting yourself up for failure.
Make sure you do your research so you can go about things the right way.
Of course, a good lawyer helps with the process. Head over to our law section for tips on finding the right lawyer for your case.