How Do I Know My Wrongful Death Case is Valid?

May 26, 2021
BY: Lesnevich, Marzano-Lesnevich, O'Cathain & O'Cathain

The loss of a loved one is a deeply painful and impactful experience. It is even more difficult to learn that your loved one’s death may have been caused by someone else’s negligence. If this is the case, you can reach out to a top wrongful death lawyer like one from Greenspan & Greenspan P.C. so they can examine your case. They will take the necessary action to investigate your case and pursue the parties who are liable. It can be hard to determine if your wrongful death case is valid. You must meet the following requirements to be able to file a claim.  

You are an eligible family member

Filing a wrongful death suit is limited to certain family members. If you are a parent, spouse or child of the deceased then you may be entitled to file a wrongful death suit. In order to prove that you are eligible, you may be asked to submit documents that show proof of your relationship to your loved one, such as a marriage or birth certificate. 

There are exceptions for specific circumstances, so if you would like to file a claim and are not a parent, child or spouse of the deceased, discuss your case with a lawyer and they will be able to tell you if you have a right to file. 

You are able to prove negligence 

Proving negligence is critical in a wrongful death case, so your argument needs to be clear and compelling. You must be able to present evidence that shows the core elements of negligence, including duty of care. To establish that the defendant is negligent, you must successfully prove that their reckless or careless actions (or inaction) directly caused the death of your loved one. If you are missing any of the elements to prove negligence, your case may be thrown out.

You have time to file a claim

The statute of limitations for wrongful death lawsuits varies from state to state. Once you find out what the statute of limitations is for your particular type of case, make sure to begin the claims process right away with the help of a seasoned wrongful death lawyer. Waiting too long can cause delays and issues which can impact your case. 

Contact a Qualified Lawyer Now

If you have recently lost a loved one and would like assistance with filing a wrongful death suit, now is the time to act. Schedule a confidential consultation if you are in need of legal advice from a wrongful death lawyer.