A wrongful death attorney can answer any questions you have about wrongful death – including how to prove it.
If your family member passed away due to the negligence of someone else, we are so sorry for your loss. Nothing is worse than losing someone you love, especially if it comes as a result of another individual’s or company’s blatant disregard for the safety of another human being. It’s important that you know an aggressive wrongful death attorney at Tolbert Beadle will fight for your rights and the damages you are rightfully due.
According to nolo.com, in a wrongful death civil suit, there are certain elements a Plaintiff must prove in order to receive any damages. And keep in mind that damages can only be awarded during a civil suit – not a criminal suit. (A criminal suit typically results in one party paying a fine or going to jail.)
Proving Wrongful Death
If you file a civil suit with your wrongful death attorney, you – as the Plaintiff – will need to prove that the Defendant caused your loved one’s death. Each state has different requirements when it comes to proving wrongful death, but below are the general elements of proving wrongful death.
Your loved one’s death is a direct result of the event at hand.
A wrongful death attorney will help you win your case by proving your loved one’s death was a direct result of the event in question. In asking questions such as “Was a negligent or careless act the direct cause of this death?” your attorney can determine what kind of case you have and help you prove wrongful death, in the instance that it has occurred.
Your loved one’s death was caused by the negligence of the defendant.
If a driver does not operate a car lawfully as any responsible driver should and the result is the death of another person, this could be a wrongful death case. Talk to your wrongful death attorney to find out if you have the right to file a suit.
Your loved one’s death has resulted in the financial hardship of you and your family.
If your spouse was the victim of a wrongful death accident and your yearly income has been cut in half as a result, you have suffered financial hardships due to his or her death. Loss of benefits, funeral expenses and medical expenses could also be a factor when it comes to wrongful death and the financial hardship experienced by a family left behind. Your wrongful death attorney will help you navigate the different types of damages and determine which ones directly apply to your situation.
How a Wrongful Death Attorney Can Help
Hg.org states that during the course of your civil suit, the defendant will be investigating the nature of the relationship between you and your loved one. That will include historical interactions and more. Additionally, you can expect the defendant and his or her attorney to be investigating whether or not your loved one’s actions contributed to his/her death, whether or not medical attention was requested immediately, or if your loved one could have rightfully determined the amount of risk involved in his or her actions. A wrongful death attorney can help protect and defend you during this process and fight for your rights and your civil wrongful death case.
If you need a wrongful death attorney, call Tolbert Beadle today. We have years of experience with wrongful death suits and we will fight for your rights so you and your family can move on from this terrible event.