June 20, 2024

If your family member dies because of negligence, carelessness, or intentional actions of other people such as medical professionals, you have the right to file a wrongful death lawsuit at Nehora Law Firm. From this lawsuit, you can get money for the damages that happened which resulted in your loved one’s death. The court will determine the amount of monetary damages you will get from it.

The Grounds for Filing a Wrongful Death Lawsuit

In order to file a civil lawsuit, there should be grounds or reasons you can support with evidence. Aside from the untimely death of your loved one, the proposition for this lawsuit is that you and your other family members are gravely affected whether financially or emotionally due to others’ irresponsible or purposeful behavior.

You and your family members should be able to meet these requirements in order to file this kind of lawsuit.

  1. You and your family members must provide enough evidence that your family member’s death was caused by other people’s actions. The deceased family member should not be the one who caused the death.
  2. Damages that can be monetarily measured must be established by you and your family. Some of the common grounds have something to do with a vehicular or work-related accident or medical misconduct.

People Who Can File a Wrongful Death Lawsuit

Wrongful death lawsuits can be filed by the spouses and children who are still living. In some situations, extended members such as siblings or grandparents can file it.

How to File a Wrongful Death Lawsuit

  1. Hire a lawyer.

You can start with this by asking for recommendations or doing your own research. Ask your friends or relatives if they know someone who specializes in your case. Using resources from a state bar to get referrals for an attorney who can handle your case is helpful. Moreover, you have to consider the costs you will most likely spend for your legal counsel.

  1. Make sure you gather enough evidence.

As stated, you must prove that negligence occurred by taking into consideration the requirements given earlier. Then, you have to know the causality. To do this, you have to identify witnesses to support your claim. In addition, there should be surviving inheritors to win your lawsuit.

  1. Conduct an investigation.

After identifying witnesses, it is time for you to interview them and get information that can help with your case. You can also check medical records and gather police records since these are important pieces of evidence. To analyze these documents better, you can hire an expert to review them.

  1. File your case.

In this step, you have to have a plaintiff and a venue. Then, you ought to go through a verification process. Make sure you have enough proof in order for the judge not to give a motion to dismiss.

  1. Negotiate your lawsuit.

You can either settle with the other party or go on trial. Keep in mind that going on trial will take much time and money.

Final Thoughts

A death of a loved one is truly heartbreaking especially if it is caused by wrongful actions of others. Therefore, you have all the right to seek justice for that person. To succeed, you have to know what you ought to do in order to win your lawsuit.