Accidents happen and people can get hurt or worse. Sometimes it just happens and sometimes there is negligence involved. If you have a loved one that has died and you believe that it could have been avoided if not for somebody’s negligence, then you may have a wrongful death lawsuit.
Maybe they had a slip and fall at work and banged their head and died, or there was an car accident in which somebody was texting while driving.
There are a number of possibilities and not all of them are as innocent as they first appear. If you have lost a family member then think about some of these signs that you may have a wrongful death lawsuit in which case you should contact a lawyer like Lamber Goodnow.
What are the factors to look for?
It is natural to look to place blame when you are mourning a loved one. Yet, not all accidental deaths mean that there was negligence or that somebody should be at fault.
For there a death to qualify as a wrongful death, negligence or malice must be evident. Without any proof or at least perception that either of these things were factors, then there is not likely to be a trial.
Unlike a criminal trial, a wrongful death civil case requires a much lower threshold for proof. A criminal trial requires a higher burden of proof and has to be beyond a shadow of a doubt that there was negligence or intent.
Types of wrongful death lawsuits
The most common wrongful death lawsuit is due to medical malpractice. Now, a doctor cannot save everybody’s life. There will be times when the challenge is too great. What can qualify as medical malpractice is when the doctor does not do the due diligence required to perform the procedure safely. When there is negligence, accidents happen and can cost a patient their life.
Another wrongful death suit is when somebody dies on the job. If a business has not done its requirement to provide a safe workplace and somebody dies, then this is usually a pretty clear case of a wrongful death suit.
To qualify for compensation as a result of a wrongful death, then it needs to be proven that there will be a financial loss as a result of the death, either in the case of a salary or an inheritance. Or, there has to be a loss of companionship.
When to get an attorney
You should have an attorney as soon as the death happens. There are going to be a lot of gears turning at the same time and when you are grieving it will be difficult to know what to do and when it needs to be done. Let a professional handle this from the beginning to make things easier for you so you can mourn.
You’re likely to meet quite a bit of resistance and then an offer to settle out of court. An attorney will know how to make sure you are being treated fairly and get adequate compensation.