When a loved one dies, it’s always devastating and leads to many emotions and loss. This becomes worse when the negligence of another party causes the death. If you have been in such as situation, there are ways you can get justice and compensation for your loss. Irrespective of the person who dies, they have a great impact on our lives, such as parents who is a breadwinner, a child who becomes an icon in the family, and so on. This article will discuss what you need to seek justice after a wrongful death.
So, what is Wrongful Death?
Wrongful death occurs when someone famishes as a result of someone else negligence, wrongful act, omission, or malpractice. It is, however, important to know how the loved one dies and the cause of their death to have a strong ground to file the case. You will also need to involve a reputable personal injury attorney to help file the wrongful death lawsuit.
Seek a Wrongful Death Attorney
They are different categories of lawyers who practice different sections of the law. When seeking justice for wrongful death, most people make the mistake of hiring general lawyers with no experience in such cases, and they lose. When choosing a lawyer, ensure they are experienced and ask for referrals. If you live in Houston, you can consider contacting Baumgartner Law Firm, which has lawyers specializing in personal injury cases. The attorney will advise you accordingly on how to proceed with the case and what is required of you. Additionally, a good reputable attorney can help press any criminal charges against the party involved and enable you to get compensation which will help with future expenses and funeral preparations.
Filing Your Wrongful Deth Lawsuit
After consulting with your attorney, you need to file your case. However, they are crucial elements you must prove to ensure your case is valid. The four elements include
Negligence
When presenting a wrongful death lawsuit, you must prove that the death of your loved one was caused by the defendant’s partial or whole carelessness, negligent action, or recklessness. Your attorney will help you prove this with the necessary evidence you present.
Breach of Duty
Another aspect that you have to prove is the defendant owed a duty to your loved one. You need to prove how the duty was exciting and how the defendant breached it. An example is doctors who have a duty to maintain the health of their clients.
Damages
To establish a good lawsuit, you need to prove that the victim’s death has led to quantifiable damages to the loved ones. These damages may include medical costs, burial costs, medical bills, and pain and suffering of the victim before death. You can also include loss of inheritance, guidance, protection, and potential earnings. You need to prove that the dependables also suffered from the loss of their loved ones, and you need to present strong evidence. You need to keep records of the medical bills and all expenses involved as evidence of the loss you suffered.
Causation
It’s also crucial to proving that the defendant breached the cause of duty, which led to the victim’s death.
Wrapping Up:
If you can prove the above, you have a valid case, and your chance of getting compensation is high. Always record every expense you incur in the treatment and things related to the death of your loved one. Additionally, ensure you choose a lawyer with a good reputation to represent you.
