Post Mortem: The Basics of a Wrongful Death Lawsuit

Some of the most common causes of wrongful death include car accidents, medical malpractice, and even airplane crashes.

For the loved ones of a victim of wrongful death, the aftermath is devastating. While nothing can make up for that loss, pursuing legal action can bring justice and financial aid to surviving family members.

What should you do after losing a family member to wrongful death? What are the steps you need to take to bring your case to court?

Read on to learn everything you need to know about wrongful death cases.

Step 1: Consult and Hire an Attorney

First, you’re going to want to discuss your case with an attorney. Look for attorneys who have experience fighting and winning wrongful death and personal injury lawsuits like the ones at Scinjurylawfirm.com. 

It’s important that you work with an attorney from the moment you put your wrongful death claim together and file it. An attorney can serve you best when they know all the facts of your case. Working with an attorney early on can help you avoid any unnecessary hiccups or pitfalls in your case.

Step 2: Back Up Your Claim With Evidence

Winning a wrongful death lawsuit requires you to prove that a wrongful death has occurred. There are three key components that you must establish here.

The first is that the defendant owed your loved one a duty of care, whether that’s proper medical attention from a doctor or responsible driving practices from another driver on the road. In other words, you must demonstrate the defendant should reasonably have been able to prevent the death from occurring.

Then, you must establish what the defendant did or did not do that led to the breach of their duty of care. For example, if a doctor misdiagnosed your loved one, you must demonstrate how and why this occurred and why it wouldn’t have happened had the doctor performed the proper duty of care.

Finally, you must establish that this breach of duty of care led to the death of your loved one.

Step 3: Establish the Damages for Which You Are Owed Compensation

Once you have established the facts of your case, you must establish the damages for which you are owed compensation. You might fight for the costs of the funeral, the loss to your household income marked by this death, and more. It is important that you can name an exact number and back it up, something your attorney will help you with.

You may also seek justice in the form of punishment. For example, you may ask that the doctor loses their license to practice.

Get Help Filing a Wrongful Death Lawsuit

Nothing can truly rectify the loss of a loved one. However, wrongful death is a legal offense and one that should not go unpunished. Seek the help of a wrongful death attorney and put together a wrongful death lawsuit.

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