When someone gets killed due to the negligence or carelessness of another person, their family may file a wrongful death lawsuit. For example, in 2012, over $3 billion was spent on medical malpractice payouts, averaging one payout every 43 minutes.
This lawsuit seeks damages from the party responsible for the death. If fellows have lost a loved one in this manner, it is important to understand what happens during a wrongful death lawsuit and how they can get justice for their loved ones.
This blog will discuss the process of filing and winning a wrongful death lawsuit with the help of a reputed site like https://francistxlaw.com/practice-areas/fort-worth-wrongful-death-lawyers/.
1. Gather Evidence
The CDC reports 45,343 motor vehicle fatalities in 2005, the leading cause of death in unintentional accidents. You’ll need to gather evidence first if you’ve lost a loved one in an accident. It means collecting police reports, medical records, and eyewitness testimony. You should take pictures of the scene and any injuries sustained.
An experienced lawyer can help a victim navigate this process. They will also be able to help the victim file their claims within the state’s statute of limitations.
For example, the statute of limitations in Texas is two years from the date of death. It means that the victims have two years to file a claim. If they don’t, their case will likely be dismissed.
2. Contact an Attorney
Around 41 percent of people claim they’ve been victims of medical malpractice. An attorney will be able to help an affected person navigate the legal process and ensure that their rights are protected. Choosing an attorney with experience with wrongful death cases is essential, as they will know how to build a strong case. The attorney will guide their clients through the often-complex legal process and ensure they are fairly compensated for their loss.
If you’ve lost a known one and suspect that it was due to negligence on the part of another, contact an experienced attorney today. They can answer questions you have about the legal process and help you get started on seeking justice for your loved one.
3. Establish Damages
An attorney will also help you establish the damages that have been incurred. It might include:
– funeral and burial expenses
– medical bills
– loss of earnings
– loss of companionship
– pain and suffering
You will need to provide evidence to support your claims for damages. It might include financial records, medical records, letters from family members, and more.
4. File a Claim
A wrongful death claim is a civil step brought by the survivors of someone who has died due to another person’s negligence. Filing such claims is to recover compensation for the losses, such as loss of financial support, companionship, and funeral expenses.
The attorney will help you collect evidence and build a strong case if you decide to file such a claim.
Next, file a complaint with the court. The complaint must state the facts of the case and the legal grounds for the claim. Once the complaint is filed, the court will schedule the case to proceed.
Final Thoughts
When you’ve lost a known one due to someone else’s negligence, the last thing you want to deal with is a lengthy and complicated legal process. However, filing a wrongful death lawsuit may be the best way to get the closure and justice you deserve.
