If you lose a loved one in an accident caused by misconduct or negligence of another party, you could seek compensation in a wrongful death lawsuit. This legal action intends to get compensation for loss of emotional support, mental anguish, their lost future wages, and suffering before they died, among other things.
These lawsuits are complex, so it’s wise to hire the best wrongful death lawyers to get you as much compensation as you can. Don’t try to handle these lawsuits on your own or you won’t end up with much money.
Who Is Able To File A Wrongful Death Lawsuit?
A person is eligible to file a wrongful death lawsuit when a close relative dies in an accident that was caused by someone else. For example, many people file wrongful death lawsuits in car and truck crashes. Other cases involve a building that was not constructed correctly that leads to deaths when it collapses, as we have seen in Miami recently.
Who is eligible to file the lawsuit varies, but the people who are allowed to file are usually a husband, wife, or partner, parents, or children. To see if you’re eligible, you should talk to the best wrongful death lawyers about your potential case.
More Information About Situations Where You Can File: You can usually file a wrongful death lawsuit after an accident where the deceased would have been able to file a personal injury claim if they had not died. Some of the most common situations where these cases are filed include:
Murder: If someone kills another person with intent, you can almost always file a wrongful death case that is separate from the criminal one. Note that the accused doesn’t have to be convicted of a crime for you to win a wrongful death lawsuit. In many cases, you can win the wrongful death lawsuit even if the person was found innocent in the criminal case.
Whether you will be able to collect money is another question.
Medical Errors: If a doctor fails to take care of a patient properly or doesn’t diagnose a medical condition that leads to death, you may be eligible to file a lawsuit. You may want to file your lawsuit against the physician and the medical facility where he or she worked.
Auto Accidents: More wrongful death actions are filed because of auto accidents than any other reason. If the police investigation shows that the other driver was negligent, they could face criminal as well as civil charges.
Your attorney will look at the police evidence to determine if he or she can prove that they were responsible for your loved one’s death. Some evidence includes the police report, any citations the driver received that suggest negligence or recklessness, and cell phone records to determine if the driver was distracted.
Can You Win?
It is the job of the best wrongful death lawyers in your case to show that the preponderance of the evidence indicates that the defendant caused the death of your loved one.
Your lawyer will use the police report, hospital records, medical records, and the testimony of experts to prove your case. Your attorney should have access to excellent expert witnesses that can be crucial to meeting the burden of proof.
If you win a settlement or verdict in your wrongful death case, you will pay your attorney’s fees from that money. You then get a check for whatever is left. While most attorneys get 1/3 of your settlement or verdict amount, it’s usually much more than you could have gotten on your own.