Experience. Resources. Proven Strategies.

The attorneys of The Leigh Law Firm

How to know if you might have a case for wrongful death

On Behalf of | Mar 15, 2021 | Wrongful Death |

Losing a loved one to a car accident will come as one of the worst shocks that you could ever imagine. Such an event is impossible to predict and will be very difficult to come to terms with. You may be unable to imagine your future life without your loved one right now, and speaking to a professional therapist is likely a good idea so that you are able to process your emotions in a healthy and constructive way.

Many people who lose loved ones in an accident get to the point where they question why the accident happened and become angry at the person whom they believe was responsible. They want to get justice for the event and make sure that history does not repeat itself. One way to get closure in this sense is to file a wrongful death lawsuit. If you are not sure whether you have a case for a wrongful death lawsuit, the following is an overview of the law.

Your relationship with the deceased person

In order to file a wrongful death lawsuit, the person who passed away must have been a family member, for example, a spouse or parent. You must also be able to show that you are suffering from monetary injury as a result of the death.

Showing negligence

The key aspect of a wrongful death lawsuit is being able to show that another person is liable through negligence, recklessness, or intent, for the death of your loved one. To do this successfully, you will need to show that the person in question breached their duty they had to act in a safe way for the protection of other people. You must also show that their failure to do this resulted in your loved one’s death, and if they had not acted in this way, your loved one would not have been killed.

Dealing with grief is extremely hard. Make sure that you are getting the therapy and counseling you need when considering filing a wrongful death lawsuit.