Significant Factors in Establishing a Wrongful Death Claim

by | Aug 16, 2016 | Lawyers

In wrongful death cases, there are factors used to determine if the claim is viable or not. So before you any further legal action, make sure you consult a wrongful death lawyer to find out if your case fits the bill or not, says Woodruff Johnson & Palermo. Your lawyer will also need to investigate the case for any financial damages that happened as a result of your loved one passing away.


This is the most important factor on the list. If a person or company or even a government employer or agency caused the death of your loved one, then that party should be held responsible and thus, must compensate you and your family for the loss. Whether they were just careless or reckless or had every intention to hurt your loved one, they are liable for his or her death. This usually involved cases of reckless driving. With the help of a wrongful death lawyer, you can easily find the the proof you need to establish and win your case.

Medical malpractice

Cases like this involve negligence or reckless behavior in a purely medical setting. So if your loved one died due to a wrong dosage, treatment, a misdiagnosis, or lack of proper care and treatment, then the fault falls squarely on the doctor or medical staff handling your loved one’s case. By getting a lawyer, you can easily determine how much of the negligent behavior contributed or accelerated the death of your loved one. That’s proof you can use in court to establish your case.

Financial damages

If your loved one was the family’s main wage earner, then your lawyer can help you establish that fact to ensure the settlement you get will be enough to cover present and future financial losses of the family. The money won’t be enough to compensate for your loss, but it can help you and your family move on, financially.

So know if your case is viable or not. Talk to a lawyer first.