If the negligence from another entity or person causes a person’s death, the surviving/remaining family members have the right to file a civil lawsuit seeking compensation from the responsible person. The surviving family members are likely experiencing much emotional pain, mental anguish, and suffering and want closure. This type of lawsuit is called a wrongful death case.
What Is A Wrongful Death Case?
The definition of a wrongful death case is the following: A wrongful death case is a civil case seeking damages or other relief for the wrongful death of a person or a pet. A wrongful death case generally consists of two legal subjects: a plaintiff (the family of the deceased) and the defendant (an individual or entity, such as a government agency, which is subject to a duty to provide or ensure the safety of someone else).
A wrongful death lawsuit against a government agency (government agency immunity) is separate from a wrongful death case against an individual or entity. Whether a wrongful death claim will be brought is made by a judge or jury.
Wrongful Death Cases Can Be Complicated
Several factors can affect whether you win a wrongful death case, including the timeline of events and how much time lapses between when the tragic incident happened and when the negligence lawsuit is filed.
Wrongful death cases occur in a couple of different ways.
- First, an individual may be killed during someone else’s criminal activity. If a person is shot by someone else during a robbery, for example, a wrongful death suit may be filed against the person who pulled the trigger.
- In other cases, the victim may have died as a result of a car accident or in another case of negligence, such as when a drunk driver crashes into a person’s car. This type of negligence lawsuit also may be brought against the responsible person.
What To Expect During The Lawsuit
Foremost, filing a wrongful death lawsuit is very important. If the wrongful death case is not filed soon, the claim may end up in court, and then the chances of winning the case are greatly reduced. Remember, you only get one chance to file a wrongful death lawsuit. Do not waste that chance.
The decision to file a wrongful death lawsuit is difficult. It is highly recommended you consult with an experienced lawyer to take the right action. You should understand that it takes many hours of legal research and preparation. There will be a lot of paperwork involved as well.
To file a wrongful death case, you must file the notice of death with the local district clerk. This is just to register the death and make the deceased a party to the lawsuit.
How Hard Is It To Win A Wrongful Death Suit?
Very hard! This type of lawsuit can be time-consuming and expensive to pursue. If the wrongful death lawsuit is successful, the family can seek compensation from the responsible person. Compensation for wrongful death cases can include:
- Mortgage back payments
- Paid medical expenses
- Reimbursement of funeral expenses
- Amounts of lost income
- Life insurance
- Defendant to pay for attorney’s fees
What To Expect If You Win
A wrongful death lawsuit seeking damages from someone whose negligence death was caused can help your family move on from the tragic loss of a loved one. If a court decides that someone is to blame for the death of your loved one, the person will have to pay damages for the person’s wrongful death. You may also recover money if your loved one had a life insurance policy or if a life insurance policy was not purchased because of the death of the person.
A wrongful death lawsuit seeking damages is often the right course of action in your situation because the person responsible for your loved one’s death could be the one to pay for your loss. Also, the consequences of a wrongful death lawsuit are usually limited to a few years.
What Information Do I Need To Prove My case?
If you or a loved one has been involved in a road traffic incident, follow these steps for dealing with your case:
- Identify the responsible driver or vehicle owner. Your attorney will help you by providing you with the vehicle or driver’s license number, vehicle identification number (VIN), and vehicle description.
- Have the responsible person (or entity) answered the following questions: Have they contacted you and are they cooperating with law enforcement? Do they admit their role? If so, what information are they giving about their role? What questions did you ask? Have they given information about witnesses or others? Did they take notes or make statements that could help you prove your case? Did they admit fault? How much will they have to pay?
When a person or entity causes someone’s death, the family members must file a wrongful death case. If the wrongdoer is deceased, then the relatives of the deceased can sue to seek compensation for the deceased.