Wrongful death is a devastating way to lose a family member or friend. While processing this loss, it is entirely normal to experience feelings of confusion, frustration, and anger.
Because of all these feelings you may be experiencing, receiving financial compensation after losing a loved one due to wrongful death may be the farthest thing from your mind. While it cannot bring your loved one back or ease your emotional pain, receiving compensation for any potential financial strain incurred through your loved one’s death can help provide you with financial support.
It could be a great help to you and your family to receive monetary compensation to cover things like medical bills, funeral costs, and loss of wages while you are grieving your loss and begin the journey to healing. Not all wrongful death claims are valid and eligible for compensation; however, if you can prove the four significant elements of the claim, your odds of winning and receiving payment are higher. Let’s examine those elements and how to win a wrongful death case.
How to Win a Wrongful Death Suit
It is essential to seek legal advice from a wrongful death attorney in order to increase your chances of winning your case. While your attorney will not be able to promise you a win, they will be able to assist you with determining whether you have a solid chance and present a strong claim.
When pursuing a wrongful death lawsuit, it is crucial to ensure that you act quickly in order to submit your claim before the statute of limitations has passed. This statute dictates the maximum amount of time you have to pursue legal proceedings from the date of the alleged negligent act. The amount of time you have varies from state to state, so be sure to consult an attorney as soon as possible following the incident.
Next, understand that each wrongful death lawsuit is unique from the next. The varying factors in each case can include the type of incident, negligent acts, the number of negligent acts, etc. For example, was it a car accident, medical malpractice, or other accident resulting in personal injury and wrongful death?
In some cases, the insurance company representing the negligent party may offer a settlement. If you are working with an experienced attorney, they will be able to advise if it is best to negotiate with the insurance company on your behalf in order to see you awarded the best settlement. Otherwise, they may recommend that you still pursue the claim in court.
How to Prove a Wrongful Death Case
In most states, it is the victim’s immediate family members that can file a wrongful death claim. This often includes spouses, parents, and children. In some states, siblings and grandparents are also able to file a claim.
If you are one of the above relations to the victim, the next step is to determine if you have all of the elements required to file a wrongful death claim.
Those elements are:
- Proof of Death
- Proof of Negligence: The negligent party caused the victim’s death through their actions, whether intentional or not. This would show that they breached their “duty of care” to the victim.
- Proof of Financial Loss: The victim’s family members experienced a loss of income or other financial losses due to their death.
- Proof of a Doctor-Patient Relationship: This is in the event of medical malpractice.
Damages Recovered from a Wrongful Death Suit
What are the potential damages you may recover if you win a wrongful death lawsuit? There are several different types of damages for which you may receive compensation.
The most common are:
- Medical bills and expenses incurred on behalf of the victim.
- Expenses related to the victim’s funeral and burial.
- Damages to the victim’s property.
- Victim’s lost wages.
- Pain and suffering for family members due to the loss of the victim.
When seeking these damages, a demand letter can be submitted with the lawsuit. This letter is a legal document stating what damages will be sought as part of the claim. It will also include evidence to prove you are entitled to the amount of compensation requested in the letter. Your attorney can assist with this letter, helping to increase your chances of winning.
Hire a Wrongful Death Lawyer to Increase Your Chances of Winning
If you have lost a loved one due to wrongful death and the negligent acts of others, the experienced wrongful death attorneys at Strickland & Kendall, LLC are here to assist you with pursuing a wrongful death lawsuit. We can assist with submitting your claim, proving your case, negotiating on your behalf, and supporting you through the process of seeking the compensation you deserve.
We are here to increase your chances of winning your wrongful death suit and are available 24/7 for a free consultation. Our goal is to provide you peace of mind, allowing you to walk through healing with your family while we handle your case. Reach out to us to pursue your suit today!