Essential Strategies To Fight a Wrongful Death Lawsuit Successfully

Wrongful death can be a traumatizing experience that leaves the family members in pain and suffering. Losing a loved one is quite heartbreaking, especially because of wrongful death. The victim is no longer in this world, but the family of the deceased person can file a wrongful death lawsuit. If you want to fight a wrongful death lawsuit for justice below are the essential strategies that make the challenging process seamless. 

Set up Each Aspect of a Wrongful Death Lawsuit

First of all, if there is no one qualified to bring the action or if the elements of the claim are not present, the action for wrongful death will be dismissed. Your attorney will need to prove the following to get you compensated and win your case:

Duty of Care

In other words, you will have to prove that the person whose death led to the case had a claim on any form of care from the defendant. In other words, you have a right to expect the defendant in your claim to act in a certain way. For instance, all diagnostic tests were done by the doctor, the right diagnosis was made, and the reckless driver complied with all the relevant regulatory provisions.

Negligent Breach of Duty

Having presented that someone owes you a duty of care, you need to be able to prove that the said person breached their duty of care through their negligence. There was a wrong diagnosis made by the doctor in the previously described scenario. The careless motorist was clearly drunk or high, driving recklessly through the streets.

Damages

Afterwards, the wrongful death lawyer will then request damages from the court on the grounds of loss occasioned by the death of your loved one. 

For instance, assuming the deceased was the only one contributing towards the upkeep of your household with two young children you are now left to feed the family. Depending on the laws in your state, you can be entitled to compensation for wages you lost in the course of supporting your deceased spouse.

Provide Proof of Intention

Another strong approach that can be taken is to prove that the defendant acted with the required specific intent to cause the wrongful death. This is quite surprising because the public always equates murder with wrongful death, yet the law handles these two cases differently. 

Murder is punishable by death, which means that a person can actually be killed for it. Even if the responder is not guilty of the murder accusation, there is a possibility that they could be charged with wrongful death.

Identify Contributory Factors

Another useful approach is to gather additional information about the potential circumstances or events that could have been linked to the death. 

This may be the actions of the deceased, the pre-existing conditions, or any outside interference that may have contributed to the death. Here, by pointing out these influences, you can justify that the death was not as a result of your conduct alone.

Prove Losses Caused by Wrongful Death

Presenting the case for wrongful death may be supported by the presentation of losses incurred by the family and court, proving that the death resulted from the defendant’s negligence. The most typical types of damages you are entitled to claim are as follows:

1. Loss of consortium

2. Survivor claim for the pain and suffering your loved one went through before passing on.

3. Loss of affection and friendship.

4. The cost incurred in the process of treatment of the deceased before they succumbed to the illness.

5. Income loss can be claimed by the decedent’s dependents as a result of the decedent’s demise.

Seek Expert Witnesses

A professional, an expert, or an eye witness can be a good asset to your defense since they will be able to give valuable information. This may involve the assistance of medical practitioners, accident investigators or other practitioners in the same line of industry. The use of experts can assist in explaining matters that may not be easily understood by the layman, refuting the plaintiff’s claims, and support the case strongly.

Consider Settlement Negotiations

Even if you plan for a trial, think about the settlement as well. This is because the goal of most civil litigations is to get a favorable judgment and collect the monetary award from the other party. 

Out of court settlements can benefit by cutting all the time one may take before the case is complete, the cost of the whole process, and finally, bring the quickest end to the case. Discuss with your attorney the benefits and risks of settlement and, where it is advantageous, participate in settlement negotiations.

Final Thoughts

Wrongful death is a complicated case that requires the right approach and legal proceeding to win the suitable compensation. To avoid any critical mistake that can make your case more complicated it is vital to hire an attorney. Mokaram Law Firm has one of the best teams of wrongful death lawyers that are always there to guide their clients in the right direction. To proceed with the lawsuit, feel free to call us at (281) 609-9224.