A wrongful death claim is one of the unique lawsuits you will ever encounter. While the other cases mostly require evidence only, wrongful death requires proof of relations to proceed. It also comes with several demands which limits your chances of winning. You need to stay as informed as possible if you are looking to get the compensation you deserve.
Here is the critical information to know about wrongful death:
Who Files for Wrongful Death
Not everyone has the responsibility to file for wrongful death due to its sensitive nature. In most cases, the person who submits the suit is the estate representative of the deceased. Most of the families tend to have one who would represent them in seeking justice.
The next available person to file for the suit is the spouse of the deceased. They present the case on behalf of themselves, the kids, and other dependents.
Lastly, the other person to file for wrongful death is a direct dependent of the deceased. To submit the lawsuit, they have to prove the loss as a result of the wrongful death.
Any wrongful death lawyer who takes up your claim will only proceed on the premises that you prove relations with the deceased.
What to Prove When Filing for Wrongful Death
Before you file a wrongful death suit, you have to understand the need for proof. You need to prove that the defendant had a duty to care for the deceased. You also have to show that the cause of death was as a direct result of their failure to perform their responsibility to care.
For a case of intentional negligence, you have to prove that the defendant’s actions directly led to the demise of the deceased—for example, a case of someone who dies in a fight. You have to prove that the defendant severely hit the dead, leading to death.
Once you have proven the cause and intention, it would be easier to price the damages, which is death. The only concern comes when you have to show the pain and suffering of the deceased.
How to Choose a Wrongful Death Attorney
Now that you have all the essential information about the wrongful death, gauge if your suit can hold. If you believe you have a strong case, do not hesitate to contact Craigg Swapp & Associates
for an attorney. Before you settle on a wrongful death attorney, consider their experience. An experienced lawyer comes with expertise on how to collect and present evidence.
Also, consider the lawyer’s reputations. Feel free to contact previous clients who have dealt with the lawyer before. Only work with the lawyer once you have established they will deliver the best.
Conclusion
Whether intentional or unintentional, you need to file a case for compensation. The payments come in handy in caring for the dependents of the deceased. Before you submit the case, ensure you can prove negligence and cause of death. Hire an experienced and reputable wrongful death lawyer to increase your chances of winning the lawsuit and rightful compensation.
