The CDC reports that more than 173,000 people die a year from unintentional injuries in the U.S.
An accidental death is devastating, but you may be able to receive financial damages. Building a case for wrongful death is difficult because the burden of proof is on you.
You don’t have to go to law school before filing a lawsuit, but you do need to know the basics of these cases in order to be successful.
Keep reading to learn how you can build evidence in a case involving wrongful death.
1. Get Documentation
You have to be able to provide evidence that supports your wrongful death case. Things like financial statements, medical reports, death certificates, and police reports are resources to start with.
You can’t wait to do this because there is a statute of limitations. This is the amount of time you have from the date of the incident to file a case in court.
The statute of limitations is usually two years, but you need time to find an attorney and have them prepare a case. Get your documentation in line as soon as possible.
2. Presence of Negligence
In order to prove a wrongful death case, you have to prove that the party responsible was negligent in their responsibility.
The person responsible for a car accident death while texting would be negligent in their duty to operate a car. A medical practitioner might be negligent because they didn’t provide alternative forms of treatment.
There are a few elements that have to be present to prove negligence. A person has to have a duty to care and there was a breach of that duty.
You also have to prove that the defendant was responsible for the accident and damages were incurred.
3. Find the Right Attorney
The next steps in the process are to find an attorney to represent you and to file a case.
Most attorneys offer free consultations. This is a chance for you to meet with attorneys, present your documentation, and ask questions.
You want to ask an attorney about their experience with wrongful death cases. Ask them about the specifics of your case and whether they think it’s winnable or not. You should also ask them about settlements they won for other clients.
You can also check online reviews and contact the state bar association to find out more about the attorney.
Building a Case One Step at a Time
When you lose someone close to you from an accident, the last thing you want to do is to think about a wrongful death lawsuit. Yet, it’s up to you to prove the case and receive financial damages.
Building a case before you visit a wrongful death attorney involves understanding the statute of limitations and negligence. You then need to gather as much documentation as possible before your consultation.
You’ll show up prepared and increase your chances of finding the right attorney to take and win your case.
If you found this article helpful, be sure to read the other articles on this site.