If you are asking that question then you probably just lost someone. You aren’t alone.
More than 190,000 people die every year as a result of wrongful death. That is a lot of people and companies that need to be accounted for.
If you’ve lost a loved one because of wrongful death and don’t know if you can file a suit, keep reading below.
We will tell you what a wrongful death suit is and how you can prepare to file one.
What Is a Wrongful Death Suit?
A wrongful death suit is a lawsuit brought against a person or company who causes the premature death of an individual.
There are four different aspects of wrongful death that need to be addressed for a suit:
Breach of Duty
You need to prove that the defendant failed to perform their duty and failing to do so helped caused the death. This inaction can be a doctor failing to keep a patient in health when they could or a car failing to yield to a traffic signal.
You must be able to prove that the death was caused due to the recklessness and negligence of the defendant. They can be partly responsible or fully responsible.
You need to prove that there were financial implications with the death of a person. An economic consequence can include hospital bills, funeral costs, potential future income, loss of protection, and pain and suffering up to death.
You can’t only prove that the defendant didn’t take action. You have to be able to link it to the cause of death.
Who Can Receive Compensation?
There are several factors in determining who will get paid from a lawsuit. A judge will typically award damages to the following family members:
Immediate family is more natural to justify a settlement for wrongful death. But in some cases, a parent may not be able to get damages for a deceased adult child.
When it comes to a more distant family like aunts, uncles, and cousins, it is much harder to show that you deserve compensation for a death. This can also vary by state.
Punitive damages may also be granted if the defendant was particularly reckless in their action and are made to punish the defendant for deterring future behavior.
How Do You Find a Lawyer?
When you get ready to file your wrongful death suit, it is vital that you find an excellent lawyer to help you win your case.
Ask around to find referrals from people who have similar experiences. You can also use online reviews to see what the public has to say.
Before you hire someone, make sure you meet up with them to talk. You need to make sure you can work with them on a personal level.
You can talk to these experienced lawyers to get the process started.
Don’t Wait to Call for Help
Now that you’ve answered the question: what is a wrongful death suit, you don’t have any more time to wait. Many states have limits on the amount of time you can wait before you file. Take action as soon as possible to make sure you can get the suit filed.
Are you looking to read about more legal topics? Head over to our lawyer category for more topics about the law.