The country sees around 200,000 unintentional deaths per year, according to the CDC.
If you’ve had a loved one perish under dubious circumstances, whether it be a workplace accident or medical malpractice, you could be eligible for a wrongful death claim. Getting justice for the dire consequences of someone else’s negligence is the number one priority, but that doesn’t mean it’ll be simple.
Start by hiring a reputable wrongful death lawyer. With the right legal support, you can prove the other party’s negligence and get what you deserve for your immense suffering.
In today’s post, we’ll give you some tips for successful claims with your wrongful death lawyer. No one can bring your loved one back, but read on and you’ll have a clear approach to winning your case and getting on with the grieving process.
What Are Wrongful Death Lawsuits?
The wrongful death claim is a civil lawsuit – usually filed by a loved one of the deceased – that seeks to obtain compensation for the loss. “Civil” is an important term here, as wrongful death lawsuits imply no criminality. They’re filed in civil court strictly to seek compensation for both the loss of a loved one and any financial assistance that’ll be missed because they’re gone.
What are the common causes of a wrongful death? Most come down to negligence and malpractice. Occasionally, deliberate acts, such as murder and manslaughter, can be tried in civil court as well as criminal court.
Can You File a Wrongful Death Claim?
In Tennessee, all wrongful death claims must be filed by the closest relative of the deceased person. Most of the time, this is a parent, child, or spouse, but if the deceased doesn’t have a relative, a representative of their estate may file it instead.
You’re firstly seeking compensation for the pain and suffering caused by the death. Secondly, you’re seeking compensation for the financial support that disappeared as a result of the death. There are also things like medical expenses, funeral and burial costs, employer benefits, and the pain and suffering of the deceased person.
Tips for Winning a Wrongful Death Settlement
Winning a wrongful death lawsuit isn’t always straightforward. A successful wrongful death claim will establish the cause and effect between the defendant’s negligence and the victim’s death. To do so, you need to establish a duty of care, the breach of care, and causation.
Duty of Care
Duty of care is the obligation that an individual or entity has to another individual to act with caution and attention in a given situation. The concept of duty of care changes depending on the relationship between the defendant and the victim.
The doctor-patient duty of care is a simple example. As a medical professional, the doctor must provide their patient with a certain standard of care based on their professional expertise.
Another common example is the driver-pedestrian or driver-driver relationship. All drivers are required to operate their vehicles safely and obey traffic laws, accounting for others on the road.
Breach of Care
After establishing the duty of care, the next step in a wrongful death claim is to demonstrate that this care has been breached by the defendant.
In a workplace accident, this might involve showcasing that the workplace neglected safety protocols, be it a fire hazard or a lack of PPE. For medical malpractice, it involves demonstrating the failures of the medical professional and how they could’ve been prevented.
Establishing the duty and breach of care is usually straightforward. If need be, you can call upon an expert witness to clarify the duty of the defendant and what actions should’ve been taken to avoid the accident that led to the death.
Causation
Causation is another crucial aspect of wrongful death claims. You must establish that the breach of care was a major contributing factor to the victim’s death.
To prove causation, you’ll need to bring forward evidence about the events leading up to the death. Expert evidence may come in handy here as well, especially in medical malpractice cases and cases involving defective products.
Winning Your Case
The aftermath of a loved one’s death is traumatic and overwhelming. The best way to tackle a wrongful death case is first to hire a wrongful death lawyer. They’ll bring experience, legal knowledge, and a sense of calm to the proceedings.
A good lawyer will understand the complexities of these weighty cases while protecting the rights of the claimants. They’ll start by obtaining a death certificate that links the incident in question to the person’s death.
They’ll also obtain the necessary evidence to support your case. This might include police reports, medical records (lab/imaging results, physician notes, etc.), workplace safety reports, correspondence, and video/photographic evidence.
Witness testimony will also play an important role in the case. Eyewitness accounts can shed important light on the scenario that led to the incident.
Expert witnesses – medical professionals, psychologists, toxicologists, etc. – can help clarify the intricacies of the incident, which are outside common knowledge. This can be instrumental in supporting a wrongful death claim.
Damages
You and your legal team will outline the wrongful death damages you believe you’re entitled to. Once you’ve won your case, you’ll begin settlement negotiations to reach a fair compensation.
Again, having a great wrongful death lawyer backing you up will be instrumental during these negotiations. They’ll help you maximize your settlement amount, giving you emotional and financial relief as you begin dealing with the challenges of grief.
Hire the Right Wrongful Death Lawyer
If you’re dealing with a wrongful death in your family, don’t wait to find the right lawyer. Grieving families in Nashville can work with us at Cummings Law to get compensation for their financial losses and suffering.
Brian Cummings is the right wrongful death lawyer for your claim. With over 25 years of experience dealing with medical malpractice and wrongful death, there’s no scenario he can’t handle. He’s obtained over $42 million for his clients in the past few years alone.
It’s time to get the compensation your family deserves. Contact us today for a free consultation.
Posted in: Wrongful Death