In life, accidents are bound to occur of some magnitude. While the less severe accidents can be recovered, other events may transpire in more severe circumstances. These serious situations can also result from adjacent factors, whether intentional or not. That is where the law kicks in, in the form of what is known as wrongful death.
A wrongful death lawsuit occurs when a victim is killed due to wrongful action. Negligence is one of the most common traits of this case and can come from a fatal motor collision. Other circumstances that could spark a wrongful death claim can come through malpractice. While it is still rare, medical malpractice may still happen in some magnitude, resulting in death. Since the factors will vary from case to case, the motive remains vital.
Unfortunately, you may find yourself handling a potential wrongful death incident. Here are some tips on how to file a wrongful death lawsuit:
File the wrongful death lawsuit
Typically, a wrongful death lawsuit is filed on behalf of the deceased victim. This can range from the victim’s family pursuing the lawsuit or their spouse. This will also vary in location, as the individual filing, the claim must have had a serious relationship with the victim.
Some spouses may feel that they need to have been married to the victim to file a suit. This need not be the case in many wrongful death situations. The spouse may have had a common-law relationship with the victim, which is still valid. As long as there was a fruitful relationship, the lawsuit can proceed.
Wrongful death lawsuits filed in collisions could also be more meticulous than the average case. If a victim dies due to a motor collision, the family may be eligible for added benefits or compensation. This, of course, will vary from location to location. In some provinces in Canada, this may be something to consider.
For example, monetary benefits may be paid to the victim’s spouse or dependents. This will have to be discussed in the subsequent legal proceedings. Moreover, the individual filing the wrongful death lawsuit will also have to prove other pieces of criteria. These will be the most sought out pieces of evidence to play out in court.
How to prove wrongful death
As with any case involving a criminal act, the evidence must be brought forth. It can be tricky concerning this type of lawsuit due to various factors. One such factor involves the defendant violating what is known as the duty of care. You will likely need the help of a personal injury lawyer to help you with this process.
In legal terms, this is a factor that implies a reasonable amount of care must be taken to protect others from harm. It must be proven to a judge that this duty was breached, which resulted in the wrongful death. As long as the right pieces of evidence play out, the lawsuit can proceed without issue.
Understand the damages
Wrongful death lawsuits can also result in several damages to pursue in court. Since every specific case will be different, knowing which damages to get after is vital. Medical and funeral costs will be the main damages sought out most. If the spouse expects a loss of income due to their death, the court can also discuss that.
The more specific damages to pursue in a wrongful death lawsuit can also be something to deliberate over. For example, the individual filing the claim may be seeking damages due to the loss of care or inheritance. It can be tricky to navigate, but it is still worth exploring from a legal lens.
No matter what sort of route the individual decides to pursue, it is always crucial to speak to a lawyer. Having legal representation is of the utmost importance to understand the nuances of wrongful death. Do some research, and look for lawyers who specialize in this type of claim.
A competent lawyer will sit you down and discuss what needs to occur in the short term most of the time. If you are happy with the provided material, you should proceed. After all, you can never have too much regarding legal assistance!