The loss of a loved one can take a heavy toll on your family. If his or her death was due to the negligence of another, you can file a wrongful death claim. Before filing a claim though, here is what you need to know.
What Damages Are You Entitled To?
In a wrongful death case, there are several types of damages that you can include in your claim. Which damages you file a claim for depend largely on the circumstances of your loved one's death.
For instance, you can ask for damages that directly relate to the experience that the deceased suffered. If he or she were in a car accident, you could claim damages for the injuries he or she suffered, the medical care that was needed, and pain and suffering your loved one experienced.
You could even ask for lost wages for the time he or she was unable to work leading up to his or her death. You can also file a claim for the final expenses, such as the cost of the funeral or cremation.
In addition to these damages, you can ask for compensation for the impact the loss has on you and your family. For instance, the lost income that results from the death.
What Do You Have to Prove?
In order to win your case against the responsible party, you will have to prove that the party was responsible for acting in a safe manner and that because he or she did not, your loved one died. Depending on the facts of the case, this can sometimes prove challenging.
Establishing that the party had a duty to act in a responsible manner can sometimes be as simple as referring to the law. For instance, if the responsible party ignored a traffic light and caused the accident that killed your loved one, you could argue that he or she had a duty to follow traffic laws and failed to do so.
If you are able to establish that the party was responsible for acting safely, you have to show that the fatal injuries your loved one experienced were directly related to the accident. Your loved one's medical records can be the key to proving this.
It is important to note that if your loved one had a medical condition that could have possibly contributed to his or her death or acted in a manner that was also considered negligent, it could have an impact on your case.
Consult with an experienced injury lawyer to receive help with assessing your case and determining which steps you need to take to file a claim. Visit websites like the following for additional reading.
About a year ago, I was left dealing with injuries sustained during a serious car accident. I was worried that I would never be the same, so I decided to start looking into ways to make things right. After thinking about the wreck, I realized that since it wasn't my fault, I shouldn't be left with all of the medical expenses. I decided that I needed to look into things a little further, and I decided to file a personal injury lawsuit. My lawyer helped me to come to grips with the extent of my injuries and helped me to make things right. This blog is all about understanding personal injury lawsuits.