Those who have lost a loved one due to the wrongdoing or carelessness of another person may be able to bring a wrongful death claim against the responsible party. A wrongful death lawsuit seeks monetary compensation for the victims’ suffering. Some of the costs include the loss of companionship, the loss of pay, and the cost of funerals. If won, the court may award money to the victims for the willful and reckless acts of the defendant, along with the defendant’s intent.
Basis Where Wrongful Death Claims Apply
The deceased must have been killed due to the wrongful conduct of another person to qualify for compensation. Possible circumstances may include:
- Automobile Accident
- Medical Malpractice
- Dangerous Drugs
What to Do After a Family Member Involved in a Wrongful Death
- Contact an attorney
- Find out if there is a funeral home contract
- Learn if you are the legal guardian of any minor children
- Explain how the deceased and the surviving family members were affected by the defendant’s actions
- File a civil suit toward the party responsible
- Explain how the defendant’s actions were wrong or careless
- What compensation you are requesting
- How the victim’s death has affected your life
- Explain why you should receive compensation
- Determine if there is any life insurance money available
- Gather evidence
Before filing your claim, you must gather as much evidence as possible. The following are examples of proof you must collect:
- The police report
- Witness statements
- Autopsy report
- Medical bills
- Death certificate
Proving Wrongful Death
This is done by proving that the defendant’s actions were wrong or careless. The burden of proof falls on the plaintiff to show through evidence that the defendant was at fault and is liable for the death. The plaintiff must also show that the death directly resulted from the defendant’s actions. Additionally, the plaintiff must show that the death was foreseeable to the defendant. Listed below are some potential causes of wrongful death.
- Carelessness: This is done by proving that the defendant was careless. The proof is given in the form of evidence and witnesses. An attorney will gather all the evidence before filing a wrongful death suit.
- Defendant’s Intent: This is done by proving that the defendant intended to kill another individual.
- Willful Wrongdoing: This is done by proving that the defendant intended to harm another victim.
- Statute of Limitations: This is the time limit for filing a wrongful death lawsuit. Usually, the statute of limitations is two years in most states.
- Punitive Damages: This proves that the defendant was willful and malicious.
- Causation: This is done by proving that the defendant’s actions led to the victim’s death.
- Family’s Financial Loss: This is done by proving that the family or victim suffered financial loss.
- Negligence: This is done by proving that the defendant was negligent and is liable for the victim’s death.
A wrongful death suit is a complex legal ordeal, depending on your case. For this reason, it’s best to hire a knowledgeable wrongful death attorney to help with the case. Wrongful death suits are pretty lucrative and can earn a significant income for the victim’s family. Filing a wrongful death suit can be pretty challenging, but it’s worth it if the victim’s family receives all the necessary compensation from the settlement.
While we take care of the details, you may give your attention to grieving and coming to terms with the loss of the dead. When you work with us, you won’t have to worry about being left in the dark about your alternatives since we’ll keep you up-to-date on everything in the background.
If your loved one died from someone else’s carelessness and you’re looking for a wrongful death attorney in Birmingham, AL, please call MHM Firm at (205) 831-4262 to book a free consultation. We’ve helped hundreds of Birmingham citizens pursue a wrongful death lawsuit and safeguard their rights and the rights of their loved ones. We look forward to doing the same for you.