How to Determine if You Have a Wrongful Death Case

The death of a loved one can be a challenging event to go through. Even more difficult is the end of a loved one who may have died due to another person’s negligence. Thus, it is essential to understand what a wrongful death case entails and how to determine if you have one.

The Scope of a Wrongful Death Claim

A wrongful death claim is a personal injury claim in which the deceased person’s death occurred due to another person’s negligence. If someone causes his death by negligence and there is resulting injury or death, he would have a wrongful death claim. This case would involve an individual who dies due to someone else’s negligence or action. This can range from severe accidents to simple mistakes; it does not depend on the severity or type of accident.

Know Who Is Responsible for the Wrongful Death

The facts of each case determine the person responsible for the wrongful death case. This includes identifying the type of accident, if different parties to a particular accident are involved, and who was at fault in causing the accident.

You Must Prove Negligence

When determining if you have a wrongful death case, you must understand the need to prove negligence. A wrongful death claim is not the same as a personal injury claim; it is two separate claims. Every state has a claim for wrongful death, varying from state to state. These always include some form of negligence. You will need to work with a lawyer, like Stawicki Anderson & Sinclair, to prove negligence. 

The Wrongdoing Must Be Connected to the Death

When determining if you have a wrongful death case, knowing whether wrongdoing was connected to the death and somehow connected with the events leading up to it is necessary. For a wrongful death claim to be valid, the illegal act must have contributed to or directly led up to the death. If a person dies from natural causes and another person’s wrongdoing did not donate, then you do not have a wrongful death case.

Your Claim for Wrongful Death May Not Have Time Limits

It is essential to understand that wrongful death cases do not operate on a time limit. This is because of the complexity and severity of criminal death cases, and anything can happen as the case progresses through the legal system. For example, if you are bringing a claim against a municipality or public entity, they may try to put the statute of limitations on you. The law of rules is a time limit that restricts how long you have to file your claim in court.

Contact a personal injury attorney if you need more information about possible wrongful death cases. There are steps you need to take to prove your case and a lawyer can help.