Losing a loved one to a tragic accident caused by someone else’s negligence can be traumatizing and considered a wrongful death. Although nothing can mitigate your pain, you’re legally entitled to sue the responsible party for justice and compensation.
A wrongful death occurs when one party knowingly or negligently causes someone’s death and can be sued by family members of the deceased in a civil court. This article will guide you to filing a lawsuit against the liable party and equip you with knowledge of your legal rights.
The Types of Wrongful Death Cases
Like planned assassinations, wrongful deaths may be intentional or a result of someone’s negligence. Commonly, wrongful deaths may occur in car collisions caused by irresponsible driving, including disregarding traffic rules and signals for driving in an intoxicated state. If the accident occurred due to faulty road infrastructure, you would file a lawsuit against the city administration.
Another frequently occurring cause is medical malpractice, including misdiagnosis of conditions and incorrect treatment administration, leading to fatality. And overworked personnel may make a mistake or skip a crucial treatment step due to exhaustion.
Aviation mishaps caused by mechanical problems or a pilot’s negligence can also lead to numerous casualties. Using a defective product is another common cause of wrongful deaths. In these cases, the manufacturer will be held responsible for inadequate testing of their products before launching them in the market.
How Can a Lawyer Help You File a Lawsuit?
Filing a lawsuit requires attention to many minute details. Hiring a professional attorney can be immensely helpful in ensuring a smooth legal procedure and positive developments in your case.
The attorney must be skilled in presenting accusations against the defendant. This includes proving a breach of care that the defendant owed the deceased victim, the causation of this breach, which resulted in fatal injuries to the victim, and damages to be compensated. For instance, professional personal injury lawyers at Grillo Law are highly skilled in collecting ample, solid evidence to support your wrongful death lawsuit.
Personal injury lawyers are trained to ensure proper action against the accused parties and claim monetary compensation for the damages that include medical bills, funeral, and burial expenses, loss of the deceased family member’s income, mental trauma, pain, and suffering. You may claim additional compensation for deprivation of care, guidance, and companionship after the victim’s passing. An experienced lawyer can handle your lawsuit process in an organized, planned manner and can negotiate with the insurance company on your behalf.
The Process of Filing a Lawsuit
Once you have acquired a reliable lawyer for your proceedings, you may collect substantial evidence against the responsible party for the wrongful death. The evidence can be the deceased’s medical records, including the doctor’s evaluation, diagnostics, prescriptions, police autopsy, and death certificate. In a murder case, the type of weapon used in the crime is presented as physical evidence.
Next, you must negotiate a settlement amount with the liable party. Your lawyer will help you claim the highest possible amount to cover your damages. If the negotiations are unsuccessful, you must file a lawsuit. This will include a complaint highlighting your lawsuit details, evidence supporting your case, and the compensation amount you are seeking.
Coping with the loss of a loved one can be painful and emotionally draining. Additionally, you may struggle financially during this time. However, by demanding your rights, you can get compensation for your damages. It can be complex to file a lawsuit, but ensuring solid legal representation in the court can get you through it with the best possible outcome.
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