How Do You File a Wrongful Death Case?
Any form of death is usually stressful to the family or next of kin. The event is more painful if the person responsible for the injury can be identified. A wrongful death case lawsuit is filed when a person dies due to another person’s negligence, including medical negligence.
A wrongful death lawsuit allows the family members to find comfort in compensation for the loss incurred. The filing of a wrongful death case must fulfill specific requirements, and it would be best if you met all the demands before deciding to file.
Establishing the Occurrence of Death
You should be in a position to establish the occurrence of death when filing a wrongful death claim. The confirmation of the death has to be backed up by medical documents, proving that the victim is deceased. These records should be complete enough to document the occurrences that led to death. Testimonials will further back up the information in the medical reports from the medical practitioners.
The information in the medical records identifies the cause of death and the circumstances that led to the death of the deceased based on postmortems or medical examinations. The court esteems professional information that is relayed from the medical records; hence they should be duly filed with correct information.
The case has to verify that the deceased indeed succumbed to the injuries or complications that were caused by someone else’s negligence or ignorance. You need to get witnesses who can correctly identify the perpetrator of the incident. The presence of witnesses strengthens the wrongful death case. The judicial system heavily relies on the accounts of events as narrated by witnesses; hence they determine the success of the suit.
Who Should File the Suit?
The ideal person to file for the lawsuit may differ from one case to the next, and from state to state. It could be a family member, a close friend, or next of kin to the deceased. Typically, the immediate family is responsible for bringing forth such a lawsuit. However, in some instances, a personal representative could also be selected to file the lawsuit and distribute the compensation to the immediate family.
Filing a wrongful death case entails getting familiar with the state statutes limiting wrongful death claims. Those in the legal profession can interpret the statutes to the client. A lawyer will help you identify other technicalities that are associated with filing the lawsuit and avoid mistakes.
For instance, in some states you need to file the case within two years from the occurrence of the incident. If you fail to file the claim within the stipulated time frame, the application will be thrown out based on the technicality of time.
Involvement of the Legal Team
The lawyers are involved in the entire claim-seeking process. You need to identify lawyers whose profiles are best suited for the job. The filing of the lawsuit will require you to get a seasoned attorney with experience handling such cases. The wrongful death attorney will also advise you on the best way to file a strong claim and on the nature of compensation, you can expect to collect.
A death that could be avoided is very painful to the immediate family. The family is left distraught by the event, with their lives forever altered. The process of filing a wrongful death suit is very involved, as it requires you to be patient and work closely with lawyers. You need to have several items to bring a solid wrongful death case.
You need to prove that the deceased succumbed to the injuries caused by the accused with a preponderance of evidence. You can support the case by having witnesses testify or with medical reports. The right wrongful death attorney has experience in handling such cases and will make the process easy for you.