Millions of people witness the death of their loved ones due to an illness, such as cancer or due to old age. It is difficult enough when someone dear to you passes away naturally. When a death happens because of someone else’s negligence, it can cause anger and helplessness. It is particularly devastating to know that your loved one could have been saved if the at-fault party was careful.
If you believe you have a case, do not hesitate to discuss it with an attorney. Sitting at home and thinking about what legal steps you should take can involve confusion and be time-consuming. An attorney can make things easier for you and your family.
Signs you need a wrongful death attorney
- The deceased was a homicide victim.
One of the forms of wrongful death is homicide. An individual has a duty that extends to not killing other people and is bound to perform it. You can bring a suit of wrongful death against the culprit. Criminal cases may involve civil wrongful death claims, and it is not a very uncommon thing. However, both cases revolve around death, but they may be two separate actions.
- You have to prove negligence.
Four aspects must prove the negligence of the defendant by the plaintiff. The defendant owes a legal duty to the plaintiff under any circumstances of wrongful death or personal injury. The plaintiff must prove that the defendant’s action or lack of action resulted in the breach of duty. The actions which led to the damage or injury of the plaintiff, whether direct or indirect, must be proved. Also, the defendant’s action caused injury or damage to the person or his property.
- There was a vehicle accident.
Wrongful death cases may also include accidents involving motorcycles, cars, or trucks. During a vehicle accident, several parties may be found negligent, primarily when another driver caused the death while he was not paying attention to the road, distracted, or disobeyed the traffic laws recklessly.
- Your loved one died during a doctor’s care.
One of the common varieties of negligence includes medical malpractice. Every health professional must take care of their patients. The breach of the duty may result in the wrongful death of a person. This is why dentists, doctors, and other healthcare experts carry insurance of medical malpractice. If your loved one was killed, you must prove the negligent act of the other party. For example, if the doctors left any surgical tool in the body of the deceased negligently, it will help you build a solid ground for your lawsuit.