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Determining The Qualifiers For A Wrongful Death Lawsuit

Monday, January 30th, 2017
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When a person’s negligence or intentional actions cause the death of another person, it is referred to as wrongful death. Laws have been put in place to provide grieving loved ones with a civil avenue in these situations. Each state has its own statutes on wrongful death lawsuits, including the length of time after the incident that a family member can file a claim. The following will discuss the types of wrongful death incidents, who qualifies to file a claim, and the evidence needed to file a wrongful death lawsuit.

Types of incidents that may qualify as wrongful deaths

While the term wrongful death may seem a bit broad, it does not cover every type of occurrence that causes someone to pass away. Negligent or reckless behavior must lead to the tragedy for it to be labeled wrongful death. The following could qualify as wrongful deaths: workplace incidents, car accidents, medical malpractice, and defective products.

A car accident can be caused by a drunk driver, texting distractions, or other issues. Workplace deaths can be caused by a lack of supervision or training. Both of these cases would likely qualify as wrongful deaths if evidence supports the fact that another person, or business, was negligent. Depending on the details related to a case, a loved one’s death may qualify as a wrongful death. It is important to seek the counsel of a caring attorney to help you review your specific case.

People that qualify to file a wrongful death lawsuit

If an accident does qualify as wrongful death, it does not mean you qualify to file a lawsuit. Only certain individuals qualify to recover damages for the loss of their loved one through a wrongful death lawsuit. Survivors may include several different people, depending on state laws. A child or spouse is given the primary right to file the lawsuit in most cases. A sibling, parent, or other relative cannot file a claim if one is already being pursued by a child or spouse. You should consult an attorney to determine whether or not you can legally file a lawsuit.

Evidence needed for a wrongful death lawsuit

To bring a wrongful death lawsuit forward, you need to have substantial evidence. There are key elements at play that will help you validate your claim. These elements include the fact that the responsible party owed your relative a duty of care, breached that duty, and caused their death as a result. If a lawsuit involves a criminal action, intent should be proven or demonstrated. Proving intent requires evidence, expert opinions, witness testimony, legal investigation, and much more. Filing a wrongful death lawsuit can be complicated and time consuming, but an experienced attorney can help you through the entire process.

If your loved one passed away due to the negligence of another party, you may have grounds for a wrongful death lawsuit. Attorney Dean Boyd can help. Call us today at (806) 242-3333 or Contact Us by email to learn more about our services. You can also visit our office at 4423 SW 45th Ave in Amarillo, Texas or 5012 50th St #103 in Lubbock, Texas for more information about how we can help you.