The death of a loved one is devastating, to say the least. It is a difficult experience, especially when it was a wrongful death.
What do we mean by the term ‘wrongful death?’
A wrongful death claim is one brought forward by the deceased family members when they believe their loved one died as a result of negligence or an intentional act from the defendant. When filing such a claim, some processes must be followed, if the claim is to be successful.
In this article, we are going to look at the step by step process of filing a successful wrongful death lawsuit.
Let’s delve into specifics.
Eligibility test
The first step in a wrongful death lawsuit is to determine whether you are eligible to file the claim. For example, when a loved one has passed in Vegas, the spouse, children, parents, or the deceased estates are eligible to file a claim.
Once that is sorted out, it is also good to find out from a reputable lawyer whether the wrongful death lawsuit is applicable. Some of the incidents where this kind of lawsuit is applicable include:
- Car accidents
- Medical malpractice
- Perform investigations
The next step is to have investigations performed to circumstances leading up to the death of your loved one. These investigations are done by a lawyer in correspondence with other relevant authorities.
Filing of documents
If you passed the eligibility test, investigation results show that someone else is liable for the death and you still want to pursue legal action, proper filing of documents is imperative.
First and foremost, submit a notice and complaint through your attorney. Allow him to guide you through the whole process to ensure you submit all the necessary documents according to the set rules and regulations.
Negotiations
Before a wrongful death claim is taken to court, most plaintiffs want to see if a fair settlement can be reached without necessarily going to court. Settling out of court is advisable because it eliminates the risk of the lawsuit being thrown out of court.
However, if a fair settlement cannot be reached, you can push forward with the lawsuit. Bear in mind that in both these phases, due to their expertise in such matters, your attorney is the one in charge of negotiations and will only consult with you on important decisions that may affect the case.
Ruling
Once the matter has been taken to court and all evidence brought before the judge, a ruling is made. The duration of the hearings is determined by the complexities of the claim.
When it is all said and done, the judge will determine a reasonable amount of compensation for the plaintiff. An amount that caters to the medical bills, burial costs, physical, and emotional damages the family has suffered. It also covers loss of inheritance as well as a loss of companionship.
If the deceased was the sole breadwinner, the damages payable significantly increase.
Individuals who receive compensation are family members who survive the deceased. These individuals include surviving spouses, children, parents, siblings as well as grandparents.
