Losing a loved one can be quite upsetting. It is always difficult to say goodbye to someone you loved. Unfortunately, a lot of accidental deaths happen every year. But, it can harder to deal with this ordeal when your loved one dies because of someone else’s negligence. Although justice cannot bring them back, it can help bring some sense of closure and support to you and your family. In this instance, you can sue the at-fault party through a wrongful death claim. To have a strong case, you need to seek one of the qualified Miami wrongful death lawyers at DDRB Lawyers.
When to Pursue a Wrongful Death Lawsuit?
A wrongful death lawsuit can be pursued when a person would have been able to bring a personal injury claim forward had they survived. Car crashes that involve fatalities and medical malpractice that leads to death are just examples of cases in which this claim can be filed. The only exception is when the deceased person dies because of an incident in the workplace. This case is often resolved through workers’ compensation insurance plans.
Who can File a Wrongful Death Claim?
Often, a wrongful death claim can be filed by a representative of the deceased person’s estate. The person will act on behalf of the survivors. A spouse can serve as this representative. Usually, a parent can also collect compensation for the lost life of a child or a child for the lost life of their parent.
What the Plaintiff Should Prove
In a wrongful death claim, the burden of proof is the same as it would be in an average personal injury case. But, the plaintiff and their attorney must tackle some elements. They should prove that the person or entity had a duty of care to those around them and how they breached this duty and failed to act with reasonable care. It is important to collect evidence to prove a claim. Also, the plaintiff must provide evidence to show the effect of the loss of this individual on their surviving family members.
The Timeline for a Wrongful Death Case
Surviving family members must hire an attorney as quickly as possible after the death of a loved one. Their lawyer can help them file a complaint and bring the case to court. Often, the responsible party has around 30 days to respond to the allegations. They can plead guilty or not. From here, the case will go through a pre-trial stage. This could take weeks to years, depending on the complexity of the case. A wrongful death trial can last several days before the jury or judge make a decision.