What Do You Need to Prove a Wrongful Death?

by | Jan 6, 2016 | Lawyers

When disaster strikes, it may be impossible to keep a cool head. Accidents happen all the time – but that never makes it any easier to accept the loss of someone’s life. Losing someone you love is the most painful experience in the world – and it can never be made up for.

But there are legal measures that victims of a loss can take to ensure that their loved one didn’t pass on in vain. When an accident or wrongdoing takes someone’s life, it’s the family’s responsibility to pursue a resolution of the event through justice – but keeping calm about it is equally important.

First Thing’s First: Get a Lawyer

While grieving is part of the normal process of coping with the death of a loved one, emotions cannot play too large of a role within a wrongful death suit. For one, the family has to consider the factors that go into building a wrongful death case.

First, lawyer up. The most common causes of wrongful death according to the Center for Disease Control are accidental poisoning and motor vehicle-related deaths. If you know for a fact that your family member or significant other died through an unintentional injury, there may be damages to collect. These aren’t exploitative – they’re meant to ensure that the final action of a loved one helps secure the surviving relatives a level of financial security that would be impossible without the help of the law.

Getting a wrongful death lawyer from a local DuPage County law firm, such as Woodruff Lawyers, will ensure that you have the full backing of a professional who’s passionate about chasing down every option for your family to get the fastest possible opportunity to heal the wounds of loss.

Who’s Going to File the Claim?

Next, choose who will file the claim. The closest living relative will usually be the person filing the lawsuit – the surviving spouse, sibling, parent or child.

The next step is the recognition of the claim, and the discovery of information regarding the case. This is the investigative period wherein defendants of a claim try to mount a defense against your claim. If your case is strong enough, your lawyer can negotiate a settlement from the defendant. Otherwise, the claim will go to court, where the judge or jury will decide whether or not a claim is dismissed, and how much the allocated damages would be.

There’s an important skill in a wrongful death lawyer not found in many other lawyers – and that’s the ability to retain a strong level of professionalism despite every client’s natural bias. Given the severe emotional pain connected to the loss of a loved one, wrongful death lawyers often have to take an emotional plea and turn it into a nuanced legal basis for your right to compensation.

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