What Are the Significant Factors in Establishing a Wrongful Death?


A wrongful death lawsuit can be brought against a person, company, government agency or employer. There are significant factors that are used to establish a viable and winnable wrongful death claim. Most of today’s successful cases have a specific liability against one or more entities, and this liability can be proven in a court of law. Your case will need to be investigated for any additional financial damages that have occurred because of the death of your loved one. Your responsible party will need certain financial resources to pay out a settlement that is ordered.

Liability is the most important factor in establishing a wrongful death claim. Liability says that a person, company, government agency or employer is at fault for the wrongful death. Your personal injury lawyer can help you determine who is at fault and assist in moving your wrongful death claim successfully forward. Liability can mean that a defendant party or party at fault acted in a negligent or reckless manner, when compared to the actions of a reasonable person. Intentional actions that cause the death of another can be determined, but this type of case may become more complex.

Medical malpractice claims often begin with investigating a negligent or reckless behavior that has been documented or witnessed within a medical setting, for example. Reckless vehicle driving or driving a vehicle while under the influence of a substance can result in a passenger, driver or pedestrian wrongful death. Your personal injury lawyer can help you determine the degree of fault or contributory negligence that may be legally used in a wrongful death case. Vehicle insurance companies with their own defense attorneys are involved in any traffic claim.

Damages in a wrongful death lawsuit can be recovered by its survivors if a deceased family member has contributed financial support and has been a supporting member of a family unit. A settlement may be won outside of a court room, but most wrongful death claims are prepared ahead of time for a jury trial. A personal injury lawyer can help with compensation for emotional suffering, present financial losses and future family expenses. A maximum recovery will need specific and direct liability against a known defendant. You can help win your case by collecting any witness information about your case, keeping or collecting all medical documents about your loved one and starting your wrongful death claim as soon as you can.