The grief of losing someone you love can be overwhelming. Any loss is difficult to talk about and the different emotions that come with it can be difficult to manage. Someone grieving person can also experience feelings of disbelief, anger, and even guilt.
It’s worse if you lost a loved one due to someone’s negligence or mistake. As someone who lost a sibling because a driver fell asleep, I can tell you that the pain never goes away. But like any loss, you will learn to live with it.
A wrongful death lawsuit is one avenue many people take when they lose someone due to negligence. There are many reasons for doing this. The most important is to get the justice you and your loved one deserve. This is especially important if there’s no criminal case. A wrongful death lawsuit can hold the negligent individual accountable. It also provides closure to the bereaved family. The surviving family can also enjoy any financial support they get from the other party.
There are a lot of things you should know first before you go down this road. An experienced wrongful death lawyer can help guide you through the process. They can also answer any questions you have.
Shining a Light on the Concept of Wrongful Death
Wrongful death is when someone dies due to intentional or accidental negligence. Many cases of wrongful deaths involve vehicle accidents, medical malpractice, and defective products.
Car accidents are the top cause of wrongful deaths. People driving under the influence, speeding, or not looking at the road are negligent. They can become liable if they cause an accident that resulted in a death. In cases when an accident happened due to a bad road or other issues, the county or city can become accountable.
Understanding a Wrongful Death Case
Individuals who lost someone due to negligence can file a wrongful death civil case. It should become noted that this is a civil case, not a criminal one. You don’t seek punishment for the violence or homicide due to recklessness. The plaintiff in a wrongful death case is only looking for compensation. They need this for the economic and emotional loss they suffered.
There’s a statute of limitation in a wrongful death case. The deadline varies per state but it often starts from the date the victim died. Wrongful death attorneys will tell you that you need to file your case. They’ll also help you do this within the timeframe set by the state. You won’t be able to get compensation otherwise.
It’s why you should start looking for a “wrongful death attorney near me” fast. Your lawyer can take action as soon as you engage their services. They can file a claim on your behalf and work to ensure you receive justice.
Determining Who Can File a Lawsuit
No death exists in a vacuum. Every wrongful death impacts someone. But not everyone can demand compensation for the pain and suffering they feel. The law placed limitations on who can file a wrongful death suit. You can start searching for a “wrongful death lawyer near me” if you are:
· The spouse (legal or common-law)
· A child of the deceased (includes adult children and adopted children)
· The parents of the deceased (biological and adoptive)
Proving the Merits of Your Case
Wrongful death cases are often investigated in a thorough manner. Even cases that look simple still need solid evidence. It’s to prove that the party accused of negligence is at fault.
The “burden of proof” falls to the plaintiff or the family of the deceased. They have to convince the court that the Defendant or accused individual did cause the death.
There are four elements that the plaintiff has to prove. They are:
· Duty of Care. Plaintiff has to show that Defendant has an obligation or duty to the deceased. In a vehicular accident, Plaintiff has to prove that the driver must follow traffic rules. They should also be driving in a careful manner.
· Breach in Their Duty of Care. It also falls on Plaintiff to show that Defendant broke the duty of care they owed the victim. For instance, Plaintiff’s lawyer must prove that the other party didn’t obey the traffic law. This can be any rule, from speeding to not texting while driving or ignoring the red light.
· Proof of Causation: It’s not enough to show the Defendant has violated a law or breached their duty. Plaintiff should also prove that Defendant’s specific action caused the death. Let’s say the Defendant is speeding but the deceased died because their brakes didn’t work. Then Defendant won’t be liable.
· Proof of Suffering and Damages. The plaintiff must also show the court that they suffered. Their pain is due to Defendant’s negligence or mistake. It should be compelling. The jury will not see any reason to award the family of the deceased with a financial settlement. Most wrongful death lawyers will give evidence here. It can be the funeral expenses or unpaid hospital bills.
Get the Justice You Deserve
A wrongful death lawsuit is emotional and challenging. Warner and Warner can help you through this difficult process. We are the top trial attorneys in Orlando and we will fight to give you and your loved one justice. We have a passionate and dedicated team. We also have the experience and skill to back out claims. We specialize in medical malpractice and personal injury cases. We also handle nursing home neglect, and wrongful death cases. You can call us at (321) 972-1889. You can also send us an email at info@warnerandwarner.com.