Losing a loved one is a tragedy no matter how the death occurred. In all of these cases, family members will want to know what happened. When the answer is that a motor vehicle accident was the cause, the need to take action might be strongly present.
A wrongful death lawsuit is one way that a loved one can hold the responsible party liable for the tragic death. These lawsuits are very involved but they serve an important purpose. Here are some points to remember about wrongful death cases:
4 criteria in wrongful death cases
Wrongful death cases have to include the following four points in order to be considered.
- The victim must have been a human.
- The accident must have been caused by recklessness, purposeful action or negligence.
- The damages in the case must have come from the death that was caused by the crash.
- A personal representative must be named on the deceased person’s estate.
If any of these aspects are missing, the case won’t be able to proceed. You must ensure that you have all of these points present in your case before you file it. Showing these in your case might not be as easy as you anticipate so make sure that you leave time between the death and the expiration of the statute of limitation to get the case together and filed.
Type of crash matters
The type of crash your loved one was in can have an impact in the wrongful death case. Some crashes, such as those caused by distracted or drunk drivers might be a bit easier to prove than some others. This doesn’t mean that you can just state the type of accident and expect to get the damages taken care of. You will still need to prepare and present a case that brings the situation into focus so that the jury can see why you need to be compensated for your loved one’s death.
Damages can vary
The damages that you claim in the wrongful death case can vary depending on the circumstances. It might be possible to make a claim for the pain and suffering the person had to deal with before his or her death. Another possibility is to seek the missed wages that aren’t coming into the home since the person is gone. Other damages might also be possible so you should explore the possibilities to determine which ones apply to your case.