Home Health Wrongful death – A guide on how to prove a wrongful death claim

Wrongful death – A guide on how to prove a wrongful death claim

by Aryan
wrongful death

Whenever there is a situation where a person is killed or dies due to the misconduct or negligence of another person, the survivors of the victim’s family are entitled to sue the party for wrongful death. The majority of the wrongful death lawsuits are followed by criminal trials that are fought with a low quality of proof.

After losing a family member or a loved one, the family members have the right to receive wrongful death compensation with the help of which they can bear their emotional and financial losses. However, proving this wrongful death claim is not an easy task. Nevertheless, with the assistance of The Law Offices of Gallner and Pattermann, PC, things can be completed in a smooth manner. Keep reading to know more on this. 

Wrongful death – Which cases qualify?

The legal matters where a person suddenly expired due to the intentional or accidental negligence of another party are known as wrongful death. When a car driver decides to drive a car while he is drunk or under the influence of drugs and this leads to an accident, this fatality can be considered wrongful death. 

Wrongful death cases constitute civil suits and not criminal ones. Hence, the consequences won’t bring punishment for the defendants of the crime but they will rather seek compensation for the family members who suffered from financial and mental losses due to the sudden death of their family member. 

Is there a Statute of Limitations for Wrongful Death?

Every single state needs to abide by the wrongful death deadline and hence it is vital to know your SOL. This statute of limitations begins from the date on which the death occurs and not on the injury. In case you fail to take legal action within that time period, you might not be able to obtain the compensation. 

If you don’t want to go through this harassment, you should consult a wrongful death attorney. They are aware of the immediate steps to take to pursue justice from the responsible party. 

How can you prove wrongful death?

Well, there’s more to it than just investigation in order to prove wrongful death cases. Although you’re sure that the case is straightforward and simple, you’ll still require collecting evidence on how the liable party caused this deadly accident. Here is a list of some of the reliable evidence of wrongful death cases:

  • Accident and medical evaluations
  • Witness statements
  • Police reports
  • Video footage and photos clicked from the scene of the accident
  • Reports of the workplace incident

In order to receive compensation in a wrongful death lawsuit, the family of the deceased should prove that the other party was negligent in the death of the loved one. If you don’t have solid evidence, the insurance company might deny liability for not giving you the settlement amount.

Therefore, if you recently lost a loved one due to wrongful death, get yourself the assistance of an attorney to resolve matters without any legal glitches.

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