February 28, 2022

When Can You File a Wrongful Death Lawsuit?

Knowing when you can file a wrongful death lawsuit is important for obtaining compensation if you are ever in such a difficult situation. There are certain criteria for filing a wrongful death claim that must be met for this to work. Not anyone can file a claim and there is a certain time limit to do so. Being aware of these guidelines can help you save time. You can also save time and stress by talking to an experienced Jackson wrongful death attorney about your claim.

When Can I File a Wrongful Death Claim?

You can file a wrongful death claim when someone passed away due to the negligence of someone else. However, not anyone can file a wrongful death claim. For you to be able to file a claim, you must be a real party of interest to the person who passed away. This means you must be one of the following:

  • An immediate or distant family member
  • A financial dependent of the deceased
  • An administrator appointed by the court to manage assets of the deceased

Wrongful death claims cannot be filed for cases of suicide or any negligence of the person who passed away. Unless someone else pressured or forced the person to commit suicide, there are fewer chances of winning a wrongful death lawsuit based on suicide alone. In other words, a third party must be liable for the person’s passing.

Some of the most common liable reasons associated with wrongful death claims are:

  • Car accidents, When Can You File a Wrongful Death Lawsuit?, Germany Law Firm PLLC
  • Medical malpractice
  • Workplace incidents
  • Assault
  • Defective products

As long as you can prove what caused your loved one’s passing, you have stronger chances of succeeding with your wrongful death claim.

How to File a Wrongful Death Claim

When it comes to how to file a wrongful death claim, you must be prepared to prove four factors. You must prove negligence, that a negligent act or lack of action caused your loved one to pass away. This negligence must be tied directly to your loved one’s passing through causation.

Causation can be challenging to prove depending on the cause. Proving a drunk driver caused the death might be easier than proving that medical negligence caused the death. Many hospitals will go to various lengths to avoid controversy and expensive lawsuits. Some third parties may try to cover up the cause of death.

You must also prove a breach of duty. This means proving the third party owed safety to your loved one and broke that duty. This could mean drunk driving, not following medical procedures, or ignoring safety rules at work. Lastly, you need to prove the damages you suffered from your loved one’s passing.

Consider contacting a Jackson wrongful death lawyer for help if you have any questions about what evidence you need.

Wrongful Death Attorney in Jackson

Losing your loved one to an unexpected accident can be devastating. Contact the Germany Law Firm, PLLC today at (607) 487-0555 to talk to a Mississippi wrongful death lawyer for a consultation. Our legal team might be able to help you obtain compensation for funeral expenses, pain and suffering, and medical bills. We can be found in Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.

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