People who have lost their loved one due to the carelessness or negligence of others should consider filing a wrongful death case against the responsible party. The laws governing wrongful death claims enable a parent, spouse, or child to file a lawsuit, giving them an opportunity to recover damages, both financial and psychological, which they incurred after their loved one’s death.
Wrongful death comes under the category of tort law. The plaintiff can expect to get compensation for:
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The loss of income and any employment benefits that applied on the family as well
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Funeral arrangements and burial expenses
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Medical treatment expenses related to deceased individual’s illness or injury
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Pain and suffering
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However, in order to receive compensation for all the above damages, the plaintiff has to fulfill some basic requirements, such as producing certain documents and solid pieces of evidence. Since you and your family members are going through a difficult time, it is best for you to hire a reliable and experienced wrongful death attorney to handle your case.
1. Medical Records
You need to have copies of original autopsy report and other medical records, indicating that the illness or injury, which resulted in your loved one’s death, was due to negligence of the responsible party. In some cases where big companies or hospitals are involved, they may try to tamper medical records in order to shift the blame to natural causes. However, when you have copies of all medical records, you may note any wrongdoing or discrepancies, and use them to strengthen your case. Your wrongful death attorney will help you secure this important piece of evidence, and use it against the defendant for maximum compensation.
2. Police Reports and the Death Certificate
The death certificate is an important record that shows the exact cause of death, and is also verified by a coroner. In case your loved one died from an injury sustained after a slip and fall incident or a car accident, there are good chances the police may have investigated the matter and made a police report. Your attorney can access the report and use it in court to prove the wrongful death claim.
3. Proof of Connection between the Victim and Defendant
In wrongful death case proceedings, the court requires the plaintiff to prove that there was a relationship between their loved one and the defendant. It is necessary to have a proof of relationship, as it shows that the responsible party owed the deceased person a duty of care.
Let’s take an example of an employer and a worker. The employer must maintain the workplace environment standards as prescribed by the Occupational Safety and Health Administration (OSHA) to ensure the safety of the workers. If a worker sustains an injury and dies because of inadequate workplace safety standards, it means that the employer failed to fulfill the duty of care towards that worker and should be held liable for their wrongful death.
If you have lost a loved one due to the negligence of another person or entity, contact Mary Ann Covone, P.C., Attorney at Law at (708) 246-4911 or online today to schedule a free consultation and discuss your wrongful case.