Do you want to bring a wrongful death claim to court but aren’t sure where to start? The court system can be an intimidating and complicated place, but the good news is that a wrongful death claim is actually a fairly straightforward process if you know where to look. To help, we’ve created a step-by-step guide that outlines the essential steps to successfully filing and pursuing a wrongful death claim. With this guide in hand, you can rest assured that you’re prepared and ready to take on the battle for justice. So, let’s get started— here’s your step-by-step guide to bringing a wrongful death claim to court.
Understanding Wrongful Death Claims
A wrongful death claim is a civil lawsuit that seeks to hold another party responsible for the death of an individual. The term “wrongful” implies that the death was caused in some way by another party, either through negligence or intentional wrongdoing. These claims are used to award compensation to surviving family members and/or dependents for their losses after the death of a loved one.
The entity responsible for a wrongful death is often decided on a case-by-case basis, as there can be any number of responsible parties involved in any given case. For example, if someone dies in a car accident, the liable parties can vary from the other driver to the auto manufacturer, depending on the circumstances of the case.
Wrongful death claims can also be filed in cases of medical malpractice if there was negligence on behalf of doctors or hospital staff that contributed to an individual’s death. In these cases, some may argue that healthcare providers have a duty of care to prevent or mitigate risks to their patients, and therefore should be held accountable for any losses caused by their negligence or recklessness. On the other hand, those who don’t believe in filing wrongful death suits might argue that medical professionals are only human and mistakes occasionally happen; holding them financially liable could deter people from entering such professions due to fear of financial liability.
Who Is Responsible for a Wrongful Death Claim?
The answer to this question depends on the particular circumstances surrounding the wrongful death. Generally, any individual or corporation deemed accountable for causing the wrongful death of another party can be held liable in a wrongful death case. When it comes to assigning a source of fault and responsibility, there may be several parties that caused some level of direct or indirect harm resulting in an untimely death.
In some cases, individuals have been held accountable for their actions such as motorists responsible for car accidents leading to fatalities, physicians and medical practitioners responsible for medical malpractice deaths, builders and contractors responsible for workplace-related deaths, and even manufacturers and sellers of dangerous products resulting in fatal injuries. In other cases, corporate negligence has been found to cause deaths due to defective products or dangerous environments.
Requirements for Filing a Wrongful Death Claim
When filing a wrongful death claim, specific requirements must be met in order to proceed. The first requirement is that the plaintiff must be an immediate family member of the deceased. An immediate family member typically includes spouses, children, and parents of the deceased. Additionally, a legal representative may be appointed by the court if none of the immediate family members are able to bring the claim forward.
The second requirement is that a personal injury lawyer must be present to represent the plaintiff in court. It is important that those who bring forward a wrongful death claim retain an experienced attorney with knowledge and expertise of tort law. They can provide insight into potential sources of liability as well as help guide future steps throughout the trial process. In addition, having a lawyer on your side can help increase that odds of success for your case due to their knowledge and understanding of civil laws and procedures.
Key Points to Know
When filing a wrongful death claim, there are specific requirements that must be met. These include having an immediate family member or legal representative bring the claim, obtaining help from a lawyer, and providing proof of negligence, duty and breach of duty. Having a lawyer can increase the chance of success with your case, and all of the requirements must be fulfilled in order to proceed in court.
Establishing Negligence, Duty and Breach of Duty
Establishing negligence, duty and breach of duty is a critical part of a wrongful death claim. In most cases, the plaintiff must be able to prove that the defendant owed a duty of care to the deceased and violated this obligation through an act, omission or neglect. This concept is known as “negligence” and is the basis for many forms of legal action.
To show negligence, plaintiffs must demonstrate that the defendant had a duty of care that was breached by misconduct in some form. Duty of care refers to the responsibility which exists for another individual to exercise a certain standard of care in preventing foreseeable harm from occurring. Depending on the facts and circumstances of the case, either a general or specific duty may be established. A general duty refers to an obligation to act reasonably and with prudence in any given situation; whereas a specific duty pertains to something prescribed in law such as statutes, ordinances or case laws.