Unintentional injuries rank 4th in overall deaths in the US. A wrongful death can be devastating for the surviving family. Deaths can be especially gut-wrenching when they happen due to negligence. It is not fair for the victim or the victim’s family to suffer due to someone else’s negligence.

The surviving family should take action against the negligent party. Of course, it will not bring back your loved one, but still, it is necessary. Many wrongful death lawyers suggest filing lawsuits for the following reasons:

• Holding the negligent party accountable
• Recovering your losses
• Closure and healing
• Deterrence and prevention

By taking legal action, you can send a message to others that such behaviors will not be tolerated. It plays a major role in preventing wrongful deaths in the future. But you have to know that if you are taking legal action, you need to prove your case.

In a personal injury case, the plaintiff bears the burden of truth. It means the victims should prove their case to win the case. The victims must prove all four elements of personal injury law, which are:

• Duty of Care
• Breach of Duty of Care
• Causation
• Damages

How a Plaintiff Can Prove Their Case

As previously mentioned, it is a plaintiff’s duty to prove that the defendant acted negligently and that their negligence caused them damages. Only after proving these factors can you claim compensation for your damages. Following are some of the things you can do to prove the defendant’s role in the case.

Gathering Evidence

Proving negligence requires more than hearsay. Victims should present solid proof that the defendant was negligent. The best place to collect evidence is at the accident site. You can take photographs of the accident site, the victim’s injuries, and damages to any property. You can also collect evidence in the form of medical bills. Medical bills are great evidence that shows your expenses and that the victim sustained significant damage due to the accident.

Document Your Expenses

Documenting your expenses following a wrongful death is crucial since it can show how much you have lost due to the incident. You should document expenses like medical bills while they were alive, funeral costs, property repair costs, etc. Remember, these are just economic losses. You can also file for non-economic losses. To calculate non-economical losses, you will need the help of a lawyer.

Hire a Lawyer

Hiring a lawyer for a wrongful death case is the best thing you can do for your case. The defendant will try their best to escape liability with the help of their lawyers. Only an experienced lawyer can stop that from happening. An experienced wrongful death lawyer can help in gathering evidence, proving negligence, calculating losses, and obtaining fair compensation. A lawyer can maximize your chances of winning.

Who Can File a Wrongful Death Claim?

Not everyone can file a wrongful death lawsuit. The eligible people who can file a claim are:

• Immediate family members
• Life partners and dependents
• Legal guardians if the victim is a minor
• Personal representative

You need to discuss your case with an experienced wrongful death lawyer to know whether you are eligible to file a case. You will need the help of an attorney at every step.

Takeaway

Wrongful deaths can be devastating to the family. The surviving family will incur many losses. They can recover these losses by filing a personal injury claim. By filing a claim, you can deter the victim from engaging in such behavior in the future. You can also raise awareness among people about the seriousness of wrongful death cases.