There are chances of winning a wrongful death suit. While nothing can replace the loss of a loved person, receiving compensation in a Wrongful Death Suit can help to ease the financial burden and provide justice for your family. There are many factors that can affect your chances of winning a case for wrongful death. One of them is the skill, dedication and experience of your lawyer.
In the United States, there are staggering numbers of people who die from negligence. Drunk driving is responsible for 28 deaths per day and medical errors account for approximately 90,000. These numbers do not include motor vehicle accidents, product liability, occupational exposures to hazardous substances, or deck collapses.
The Elements of a Wrongful Suit
The evidence you and your wrongful-death attorney present in court will determine your chances of winning your case. These four elements must be present.
- The death of another person.
- Negligence: It is necessary to prove that someone acted negligently. This means that they didn’t take reasonable and ordinary care of the deceased.
- Causation: Next, you will need to prove that your loved one was killed by negligence.
- Damages: Finally, you must prove that you were a victim of a family member’s death. These are some common examples of damages:
1. Prior to death, medical expenses
2. Funeral and burial costs
3. The loss of income from the deceased, both past and future
4. Loss of support and guidance, protection, inheritance, or moral education
5. Counseling for grieving
6. The ache and suffering of the deceased before their end
Chances of winning a Wrongful Suit
The likelihood of you winning depends on many factors. One of these is how obvious the negligence was. You may be able even to obtain a settlement if your loved one was struck by a drunk driver. Medical malpractice cases, however, are notoriously difficult to win. Your chances of winning a wrongful-death suit will be greatly increased by the skills of your lawyer.
- To determine who is responsible, conduct a thorough investigation of your case. This includes taking depositions.
- Advocatively litigate and file suit against the liable party.
- Our network of medical and economic experts can help you to accurately value your compensation.
- Keep you updated throughout the case and be there for your every need.
- Protect your family and get the financial recovery that you deserve.
How to Increase Odds Of Winning a Wrongful Death Case
You may be eligible to receive compensation through a wrongful-death lawsuit if you have been the victim of someone else’s negligence. Although no amount of money will replace the loss of a loved one, compensation can help with financial concerns and provide a sense of justice to allow you to heal.
Here are the essential facts to help you file a successful wrongful-death claim. For legal assistance, don’t hesitate in contacting an experienced wrongful-death attorney.
How to determine if you are eligible to file for wrongful death
Who is eligible to bring a wrongful-death lawsuit? These are the people who can file a wrongful-death claim on behalf of a loved one.
- The partner or domestic spouse of the decedent;
- Surviving children of the decedent;
- The lawsuit may be brought by certain family members, such as a parent or sibling, if the decedent does not have a living partner or children.
- Others who were financially dependent upon the decedent can also file a claim such as a stepchild or a spouse.
Talk to an experienced attorney if you’re unsure if you can file a suit for wrongful death.
Intentional Harm or Negligence
Intentional violence or negligence can cause wrongful death. You will need to prove the other by working with your attorney.
These are the elements of negligence:
- The defendant had a responsibility to manage the victim. A driver, for example, has a duty to drive their vehicle in a safe manner around other motorists. A doctor is also responsible for maintaining medical standards when treating patients.
- The defendant violated this duty of care.
- Accidents and death were caused by the breach.
- You and other claimants suffered losses as a result of the victim’s passing.
Here are the elements you need to prove your loved one’s intentional harm-caused death.
- The defendant intended to commit the act.
- The victim was not consenting to the defendant making non-consensual contacts. One example would be to use a weapon on the victim or hit him with a car.
- The contact resulted in death.
- Each of these elements must be established by thorough investigation, gathering evidence and skilled case-building. These aspects require the expertise of a wrongful death lawyer.
Maximizing Your Damages
In a case of wrongful death, you can claim both economic and non-economic damages. This means that you can claim for more than just your financial losses, such as medical bills. You may also be entitled to compensation for other less tangible losses, such as loss of companionship. These are the most common damages you can claim in a wrongful-death case.
- Funeral and burial costs
- The decedent suffered an injury that resulted in medical bills
- Financial support is lost
- You may be entitled to compensation for loss of household services, such as laundry and household cleaning, if your loved ones were regularly doing these tasks.
- Loss of companionship, consortium, and community
- Training and guidance lost
- The suffering and pain of the decedent.