When tragedy strikes, you want to do everything you can to make your loved one’s wrongful death claim successful. There are several things that you can do in order to increase your chances for success. Here are four keys to a valid wrongful death claim:
Conduct Discovery
All states have a process called discovery. Discovery is a formal part of the lawsuit process. It allows you to demand records and gather evidence about the case. Taking the time to work with your wrongful death attorney to conduct discovery helps you prove the exact series of events that led to your loved one’s death. The process can be instrumental for proving your case.
Evaluate All Types of Damages
Outstanding medical bills are just one of the types of damages that you may recover after a wrongful death. You may also recover for your loved one’s lost wages. You can even ask for compensation for lost time with your loved one. Make sure you consider all of the types of damages available to you when you make your claim.
Gather Evidence for All of the Elements of the Claim
Most wrongful death cases are based on the principles of negligence. You have a negligence claim when the other party has a duty to act in a reasonable and careful way, and they breach their duty. Their lack of care must be the cause of your injuries. In order to succeed in bringing a wrongful death claim, you must prove each element. That means making sure that you gather evidence of the other party’s careless act as well as evidence of your damages.
Meet the Deadlines
In all wrongful death cases, there’s a time limit to file the claim. The time limit is called the statute of limitations. The exact amount of time you have depends on your state’s rules. If you miss the time limit, your right to file a claim can be gone even if you have a great case. It’s important to know the deadline and make sure you prepare your case to file with plenty of time before the deadline arrives.
Making a Valid Claim
When you have a claim, it’s important to think through all of the things that you need to do to make the claim a success. Carefully make a plan to gather evidence, and make sure that you pay attention to deadlines. Work deliberately to build each piece of evidence as you build your claim.
This article was written by Dixie Somers, a freelance writer who loves to write for business, finance, and family issues. She lives in Arizona with her husband and three beautiful daughters. You can find Dixie on Facebook.
