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How to Determine If You Have a Wrongful Death Case

Experiencing the death of a loved one is likely the most traumatic thing you’ll ever have to go through. Every year in the United States, 130,000 people die due to wrongful deaths, with leading causes including auto accidents, pedestrian accidents, product liability, medical malpractices, and accidental poisonings. It’s hard enough to have to say goodbye to a loved one, but even harder when you know that their passing could have been avoided.

While we understand that the passing of a loved one is a time for grieving, it’s also important to make sure that the liable party is held accountable for their negligence. Here is how a wrongful death attorney from Robert J. DeBry and Associates can help you determine if the passing of a loved one was caused by another party’s negligence.

Investigating the Scene

A wrongful death attorney will start by investigating the scene of the accident. In order for a plaintiff to receive compensation for a wrongful death, the wrongful death attorney must be able to prove that the death of the victim was caused by the defendant’s negligence. In the case of an auto accident, proof must be shown that the defendant was driving recklessly, disobeying traffic laws, or driving under the influence.

If the victim passed due to a medical malpractice or accidental poisoning, the wrongful death attorney must be able to prove that the defendant breached the duty of care. This means that the defendant failed to act as a responsible person, and their actions lead to the immediate death of the victim. If the defendant could have prevented the tragedy from happening but failed to act responsibly, a wrongful death attorney can begin to build a claim against the defendant.

However, it can get tricky, proving that the defendant broke the law or breached their duty of care isn’t always enough to win a case. The wrongful death attorney must also be able to prove that the victim’s death was caused immediately by the defendant’s actions. For example, if the defendant was disobeying the traffic laws and collided with the victim, the defendant can only be held liable if the collision itself caused the immediate death of the victim. If the defendant’s negligent actions led to fatal injuries, and the victim dies several days later of those injuries, the case may not be a guaranteed win for the case.

How Long Has It Been Since the Death?

Another important factor in determining if you have a wrongful death case on your hands is how long it’s been since the death. In the state of Utah, the deceased’s family members have exactly two years to file a wrongful death suit after the accident has occurred. That may seem like a long time, but the grieving process may sometimes blind you, and you may soon find that you have missed the deadline to file a claim. Don’t let the negligent party get away with taking away a loved one, contact a wrongful death attorney from Robert J. DeBry and Associates if you’ve lost a loved one due to a wrongful death.

What Losses Have I Suffered From? 

You may also have a wrongful death claim on hand if you lost the head of the household or if the person who was killed was your main source of income. A wrongful death attorney can help you receive compensation for lost wages, medical bills, pain and suffering, punitive damages and funeral costs. We don’t want you to suffer from financial turmoil while you grieve; our team of attorneys is ready to build a strong claim while you focus on moving on.

A loved one’s wrongful death is the worst pain that a family can experience. If you’ve lost a loved one due to someone else’s negligence, contact a wrongful death attorney at Robert J. DeBry and Associates. We’ll focus on building your claim so that you and your family can focus on moving forward.

Sources:
https://christensenhymas.com/wrongful-death/statute-of-limitations/
http://www.alllaw.com/articles/nolo/personal-injury/how-prove-fault-wrongful-death-claim.html
https://www.hg.org/legal-articles/what-are-the-most-common-causes-and-types-of-wrongful-death-40463

By |2019-11-13T13:04:20-06:00October 18th, 2018|Uncategorized|Comments Off on How to Determine If You Have a Wrongful Death Case

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