Wrongful Death: An Overview
Accidents happen regularly, we all know it, we see it on the nightly news every day, but it never makes it home until it happens to a loved one. When an accident could have been prevented and was the fault of another party, the loss of someone’s life could be defined as “wrongful death.” When tragedy strikes a loved one, the first thought is to be there for the survivors.
These cases are often very tragic and difficult, involving great financial and emotional hardship. If you are considering taking legal action, make sure you find a person or team that is there when you need them and continues to work on the case when you just don’t feel like talking.
Your attorney should be there to guide you through each and every step of the case when you are ready. Sure, no one is considering hiring an attorney in the immediate aftermath of such a tragedy, but it’s important. Learning to accept the pain of losing a loved one often begins with finding closure through a wrongful death lawsuit.
Wrongful Death Definition
When you hear an attorney say: We represent victims in wrongful death cases, what does that really mean? Wrongful death claims are created when someone has acted negligently, recklessly, or willfully causing harm to another person. Some examples are:
- Machinery intentionally not repaired properly or not repaired at all
- Buildings that were not kept up to code resulting in an accident
- Reckless driving, drunk driving or texting and driving and causing an accident where someone dies
- Negligent maintenance of a car resulting in a collision and death
- truck accidents on highways
- Medical Malpractice Cases
As you may suspect, it is vital that you have a strong legal team on your side who can prove that a wrongful death has occurred.
Elements of a wrongful death case
Your attorney must prove that:
- a DUTY OF CARE was owed to the deceased by an individual
- that individual BREACHED THE STANDARD OF CARE due to the decedent
- that the individual’s actions (default) caused the decedent’s death
- Damages
where to start
Once you have gathered your thoughts and gone through part of the grieving process, your next step is to contact a law firm that is experienced in wrongful death cases. Before your meeting, try and do your best to collect the following:
- Any police report that was filed at the time of the accident.
- Any accounts from neighbors or other witnesses.
- Medical Examiner or Medical Examiner Reports
- Any information you can collect about the case or the person who was harmed
Gathering this information can be painful, but it is necessary to provide your legal team with as much information about the accident as possible.
During the process
Wrongful death lawsuits can take a long time to complete (in some cases these lawsuits are black and white, but not always). You may want some support during this time to help you with the procedures. Making sure you have a supportive loved one or seeking professional help during this time is never a bad idea. Suing the person responsible for the death of a loved one is often not the first thing that comes to mind after a tragedy. These cases usually take time to develop, and it may take time for you to decide that legal action should be taken.
All of this is perfectly normal. It is recommended that you act as quickly as possible after a tragic death, but it is also understandable that you need time to heal, reflect, and collect your thoughts before moving forward with legal matters. In many ways, going through the legal process will help bring closure and some peace.
