You never expected to be involved in a serious auto accident. When you were, your passenger did not survive. Your family member was badly injured and passed away at the hospital, putting you in the position of needing to make a claim on their behalf.
After a wrongful death, the person taking care of the deceased’s estate usually has a right to pursue a wrongful death claim. Others in their family, such as their parents or children, may also have a claim.
To make a wrongful death claim, there are a few things that you will need to do. Here’s what you need to know.
Prove the elements of a wrongful death were present
The first task for anyone seeking to make a wrongful death claim is to prove that the elements of a wrongful death case are present. For you to win a wrongful death case in court, you’ll need to show that:
- A human being was killed
- The death was caused by another person’s reckless or negligent actions. The death may also have been caused by a person’s willful intention to cause harm
- You or someone else is the personal representative for the decedent’s estate
- You and other family members are suffering from monetary injuries because of your loved one’s death
If you can prove those four elements are true, then you should be able to win a wrongful death lawsuit in court.
What kinds of damages can you get in a wrongful death lawsuit?
Some kinds of damages you may be able to receive include:
- Lost income
- Loss of parental guidance
- Loss of consortium
- Funeral expenses
- Medical care expenses
These and other kinds of damages may be available, depending on the circumstances.
After a wrongful death, keep good records to make sure you know exactly how much the financial losses are. Additionally, you’ll want to keep records regarding your loved one’s injuries and the crash itself, so you can show that the other party should be held liable for the injuries they caused. A strong case will help you fight for greater compensation from the at-fault party.
If your loved one has passed away, don’t delay in starting your case. You only have a limited amount of time to file and make your claim against the other party.