The death of a loved one can be devastating, primarily if caused by someone’s negligence. When you lose your loved one in such a way, you can file for a wrongful death claim. This process enables you to get compensated for the untimely death of your loved one. It also enables dependents to enjoy the benefits they could have if the loved one didn’t die. As surviving family members, it’s essential hiring a competent attorney to guide you through the compensation process. Why the lawyer? The process will involve filing for a court case to determine how much and who gets compensated. Here are some things you need to do.Have you ever wondered what are the steps to take if someone dies due to Negligence? Take a look at this list of 5 steps to follow.
What If A Person Dies Because Of Someone’s Negligence?
1. Figure out if you are eligible
Even though it might be someone you know, related, or a friend, losing the loved one doesn’t mean automatic compensation. The law defines who is eligible for such compensation. You might be a family member or a friend, but you are not eligible. Conforming to wrongful death attorneys in Sacramento, individuals eligible for this compensation include immediate family members. These family members include the spouse, children, and direct dependents of the deceased. Anyone not in this circle will need to prove if they depended on the deceased and in what way. Sometimes the law will accommodate other distant people depending on some circumstances.
2. Determine if the wrongful death claim is applicable
It might be true that someone caused the death of your loved one. But how did it happen? Was it through negligence? Wrongful deaths might be because of a road accident, when one is murdered, or because of medical malpractice. You should file for a wrongful death claim if you have strong evidence showing that someone caused the victim’s death. Deaths caused by accidents or medical malpractice takes longer to prove in a court of law. That’s why it’s essential to have a wrongful death attorney who will guide you on this approval process. It would be best if you remembered that the defendants will have attorneys and will do what’s necessary to prove their innocence in the case. For example, if you sue a hospital or a doctor, you must prove how the victim died from the doctor’s negligence and not from a disease or injuries. You will also have to prove that were it not for the doctor or hospital mistakes; the victim could be alive.
3. File Documents
Before you decide to file for compensation, you need to have the required evidence to prove the negligence. You will need to collect all the evidence, get medical reports of the deceased, and other details that will help in your case. You will also need to submit the notice and file a complaint with the help of your lawyer. It is essential to follow all the rules and regulations governing the filing. You also need to check on the time. Some states have limits when one should file for wrongful death and when one requires to be compensated for the same. Filing late will make the evidence stale and will make the courts reject your case.
4. Get yourself a lawyer
You will require a competent wrongful death lawyer to help you carry out this case. Why the lawyer? The law entirely guides this process. The attorney will help you collect evidence; gather the medical reports and all other information required for compensation. They will also ensure you file the case as required and stand with you in court against the defendants. A good lawyer will ensure you get compensated as required by the law and by the number of dependents in waiting. The lawyer will help you prove the case, the suffering and damages you incurred from the date you lost your loved one.
5. Types of damages you can file for
Your lawyer will guide you on the damages you can file for after losing a loved one. The charges might be more depending on the situation and the number of dependents. Some of the damages include:
- Medical bills of the deceased
- Funeral and burial expenses
- Loss of wages. These are charged depending on what the deceased could have earned if they were alive.
- Punitive damages. These are done to punish the person who caused death and to warn others of the same. These charges only apply to some states.
When you lose your loved one, you suffer so many expenses and inconveniences. The situation becomes hectic if you depend on that person for upkeep. The good thing is that the law caters to this situation. You can sue for your loved ones’ death and get compensated for the same. It is crucial to hire a reputable wrongful death lawyer to help you through this process.