A wrongful death occurs due to the negligence or direct actions of another party. A wrongful death claim can be brought against a person by the family or a representative of the deceased. Wrongful death claims are often filed when criminal charges fail, but they can also be filed when criminal charges have not been pursued. There are three clear signs that may indicate you have a strong wrongful death case. Being aware of these signs is essential.
What Qualifies as a Wrongful Death?
A wrongful death claim is a special type of personal injury claim that is filed when death occurs due to negligence. When a wrongful death claim is filed, this allows the family of the deceased to seek a lawsuit for compensation. Wrongful deaths can occur with assault, car accidents, workplace accidents, medical malpractice, and more. Those who need to file this type of claim often call Thurswell Law for help.
3 Signs You May Have a Wrongful Death Claim
There are multiple types of wrongful death claims, and individuals are sometimes unaware of their rights and whether they have a strong case. Knowing the signs to look for will help you to know if you have a wrongful death claim that should be filed.
- A death must have occurred and the death must have been directly caused by the negligence or direct actions of another party. A good rule of thumb to remember is if the victim would have lived and had the right to pursue a personal injury case, this likely means a wrongful death claim is appropriate.
- If the family has suffered measurable damages because of the death, wrongful death can be pursued. Measurable damages may include medical bills, funeral expenses, loss of wages, loss of companionship, and more.
- The time period of the death is also an important factor to consider. If the death occurred a long time ago, the statute of limitations is likely up. Each state has its own statute of limitations that must be followed. If the statute of limitations is up, the family will no longer be able to file a wrongful death claim.
Do You Need a Lawyer?
Wrongful death claims are not the easiest to pursue because of the elements that must be proven. Evidence is especially important when pursuing a wrongful death claim. Many families rely on the help of a lawyer to ensure they have a case and can prove the following elements.
- The defendant must have owed a duty of care to the deceased victim.
- The defendant must have breached the duty of care.
- The breach must have directly caused the death of the victim.
- The victim’s family must have suffered measurable damages because of the death.
While hiring a lawyer is certainly not required, there are many benefits. Hiring a lawyer allows families to better determine their rights and the laws that govern wrongful death in their state.
If one of the above three signs is related to your case, it may be time to seek a lawyer for help with a wrongful death claim. Wrongful death claims can be filed regardless of any criminal charges or the outcome of those cases. Hiring a lawyer will help ensure an investigation is launched, so ample evidence is gathered to hold the responsible party accountable for the death.