Accidents happen regularly, we all know that, we see it on the evening news every day, but it never comes home until it happens to a loved one. When an accident could have been prevented and was the fault of another party, the loss of someone’s life could be defined as ‘wrongful death’. When tragedy strikes a loved one, the first thought is to be there for the survivors.
These cases are often very tragic and difficult, and involve great financial and emotional difficulties. If you are considering taking legal action, make sure you find a person or team who will be there for as long as you need them and who will continue to work on the case when you are simply not willing to speak.
Your attorney should be there to guide you through each and every step of the case when you are ready. Sure, no one is considering hiring an attorney immediately after such a tragedy, but it is important. Often times, learning to accept the pain of losing a loved one begins with finding closure through a wrongful death lawsuit.
Definition of wrongful death
When you hear an attorney say: we represent victims in wrongful death cases, what does that really mean? Wrongful death claims are created when someone has acted negligently, recklessly, or deliberately causing harm to another person. Some examples are:
- Machinery that was intentionally not repaired properly or not repaired at all
- Buildings that were not up to code and resulted in an accident
- Reckless driving, drunk driving, or texting and driving and causing a fatal accident
- Negligent maintenance of a car resulting in a collision and death
- Truck accidents on the highways
- Medical malpractice cases
As you may suspect, it is vital that you have a strong legal team on your side that can prove that a wrongful death has occurred.
Elements of a wrongful death case
Your attorney must prove that:
- a DUTY OF CARE owed the deceased an individual
- that individual VIOLATED THE STANDARD OF CARE owed to the deceased
- that the individual’s actions (non-compliance) caused the death of the deceased
- Damages
Where to start
Once you’ve gathered your thoughts and gone through part of the grieving process, your next step is to contact a law firm that has experience with wrongful death cases. Before your meeting, try to do your best to gather the following:
- Any police report that was filed at the time of the accident.
- Any accounts from neighbors or other witnesses
- Forensic or medical reports
- All the information you can gather about the case or the person who was harmed
It can be painful to collect this information, but you need to provide your legal team with as much information about the accident as possible.
During the process
Wrongful death lawsuits can take a long time to complete (in some cases, these lawsuits are black and white, but this is not always the case). You may want a little support during this time to help you through the process. Making sure you have a supportive loved one or seeking professional help during this time is never a bad idea. Suing the person responsible for the death of a loved one is not usually the first thing that comes to mind after a tragedy. These cases generally take time to develop, and it may take time for you to decide whether to take legal action.
All of this is perfectly normal. It is recommended that you act as quickly as possible after a tragic death, but it is also understandable that you need time to heal, reflect, and collect your thoughts before moving forward with legal matters. In many ways, going through the legal process will help bring about closure and some peace.
