3 Elements Of A Wrongful Death Case That Must Exist Before An Attorney Can File A Lawsuit
The passing of a loved one is sorrowful, but when it is sudden and unexpected, it adds a tragic aspect to their death. Often, surviving family and friends may consider the death to be wrongful, and want to sue one or more parties for the death. However, there are certain fundamental elements that must exist before you can sue. The following are the three most significant.
The death must be due to negligence
There must be grounds for a wrongful death. Although the death of your loved one is a personal tragedy, in order to sue, it must rise to the level of wrongful death. This means that the person who has died, but for the negligence of another, would still be alive. Someone did something intentional that caused the death, or someone failed to do something that led to the death. The latter is a common reason for a wrongful death suit. For example, in a hospital, your loved one was given the wrong medication, and it was this medication that was the cause of death.
You must have legal standing to bring the suit
There is a narrow group of people who can sue for wrongful death. This includes a surviving spouse and surviving children. However, this list is often expanded to include other family members if there was a close relationship that includes cohabitation. Grandchildren, nieces, and nephews may also be considered. It is important to speak to an attorney about your relationship with the loved one who died, and your particular situation. An attorney can determine whether you have legal standing.
You must demonstrate that you have suffered damages
Even with legal standing, you must have suffered an economic hardship. Your loved one provided all or part of the support for your living expenses. This economic support can extend for many years into the future, so the total amount of an award can be quite high. In many states, you may be awarded monetary damages for the loss of companionship. A consultation with a lawyer can help you determine the extent of the effect on your life that the loss of your loved one has created.
Accidental deaths are frequent, so this alone does not constitute wrongful death. The death of your loved one must be due to negligence on someone's part — and you must have legal standing to bring this suit, along with demonstrating that you have been affected economically or emotionally by this death. Consulting with a wrongful death lawyer can help determine whether these three factors were present in the loss of your loved one.