If you’re wondering whether or not you have a viable wrongful death case, the answer lies in your evidence. The law has strictly defined the four criteria that must be met in a wrongful death case. To win a lawsuit and receive compensation, the petitioner must file a lawsuit and prove each of these four basics.
The Steps in Filing a Successful Wrongful Death Case
When a loved one passes away because of someone’s negligence, you may want to consider hiring an Alexandria wrongful death lawyer to help your case. An attorney can weigh your evidence and look at your damages to determine if you have a case. If you can meet the following conditions, chances are you do.
Stake a Claim of Negligence
In cases associated with a wrongful death claim, you have to prove that the victim’s passing happened as a result of negligence. The plaintiff has to build a strong case that will show the respondent’s irresponsibility played a part in the victim’s death. In many cases, these situations happen because the victim lacked enough money to be treated in that particular hospital.
Demonstrate Instances Where a Breach of Duty Occurred
For a plaintiff to have a successful wrongful death lawsuit, they have to prove that the respondent broke the code of ethics beyond a reasonable doubt. For instance, all drivers are required to drive carefully and adhere to all traffic rules stated by the government; likewise, all health practitioners, for example, nurses and doctors, are guided by their code of ethics.
It is the responsibility of healthcare professionals to tend to all patients regardless of their social status or ethnicity, among other factors. A plaintiff has to prove such a code existed and how the respondent broke this code due to their carelessness.
Show the Reason for the Death
Apart from demonstrating that the perpetrator broke the code of ethics, the complainant has to reveal how the defendant’s inattention triggered their loved one’s demise. Build a strong case suggesting that if the defendant did not act with negligence, their loved one would still be alive. You may also include several past instances of carelessness from the respondent.
Talk About the Damages Associated With the Demise
To build a wrongful death lawsuit, you must show that the victim’s demise resulted in your damages. These damages may include:
- Hospital bills
- Funeral expenses
- Income loss
- Future income loss
- The victim’s suffering before death
In order to prove these damages, the plaintiff will need to submit substantial evidence to support their claims. Additionally, the complainant will be required to provide witnesses who will help you build a strong case.
Causes of Wrongful Deaths
There are numerous types of wrongful death cases. These cases fall under several causes. Some of these include:
- Birth injuries
- Workstation hazards
- Medical misconduct
- Product faults
- Occupational accidents
- Neglect in nursing homes
- Carelessness in supervised activities
- Criminal activities
The Problem of Proof
Most people think that a wrongful death case is a criminal case. However, it is a civil action, so you don’t have to prove beyond any reasonable doubt to make your case. This type of lawsuit must be won based on the evidence you submit.
The Legal Process
When dealing with a wrongful death lawsuit, there are several processes that a plaintiff must follow to the letter. Some of the operations one has to follow includes:
- Talking to experts
- Strategizing the case
- Proper investigation
- Talking to witnesses
These types of cases require long processes of mediation between all parties. If an agreement can’t be reached, you may end up taking the matter to court.