Law

Here is How You Can Increase Your Chances Of Winning A Wrongful Death Lawsuit 

There is no feeling worse than losing a loved one, especially when it happens due to the negligence of another party and no fault of the victim. If you have lost a loved one in a wrongful death case, you may wonder what your legal options to get justice are. The good news is that you can claim compensation for your damages. 

Even though money cannot compensate for a lost life, it can provide a sense of justice. Moreover, the death of a person presents several financial hardships. A legal claim can help you deal with financial losses. However, handling a case while mourning your loved one’s loss is not easy. This is why it is recommended to speak to experts at The Walthew Law Firm

Can you bring a wrongful death lawsuit?

If you have lost a loved one in an accident, it is important to understand that not everyone is legally eligible to bring a wrongful death lawsuit. There are specific laws stating which parties are allowed to file a claim for their deceased relatives. 

The following people can bring a lawsuit:

  • The deceased’s surviving spouse or domestic partner.
  • The deceased’s surviving children.
  • The deceased’s parent or a sibling (in case they do not have a spouse or children).
  • Parties who were financially dependent on the deceased, such as a step-child. 

Proving the other party’s negligence. 

In a wrongful death claim, one of the most important things you must establish to win is the other party’s negligence. You must prove that the other party acted in a way that caused the victim’s death, and a reasonable individual would have acted more responsibly. It is easier to prove negligence with the help of an attorney. 

In any personal injury case, here are the elements of negligence:

  • The defendant owed a duty of care to the victim.
  • The defendant caused a breach of duty.
  • The breach caused the accident and resulted in their death.
  • The victim’s death resulted in damages.

Maximizing your damages

If your loved one’s death has caused undue financial hardship for you and your family, you must take the right steps to maximize your damages. Medical bills and lost wages are common damages, but there are many more that you might miss out on. 

Here is a list of all the damages you can recover with the help of an attorney:

  • Funeral and burial expenses
  • Loss of household services 
  • Medical bills
  • Loss of financial support
  • Loss of community, consortium, or companionship

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