It is a great misfortune to lose a loved member of your family; one that shatters you completely. However, it is even more painful when the death of a loved one is caused due to negligence or misbehavior of another person. In such cases of wrongful death, the surviving members of the family can file a lawsuit against those responsible for this catastrophe. If you choose to pursue the matter and live in the area, a Wheaton wrongful death lawyer can advise you on how you can file a valid wrongful death suit.
What Is Meant by Wrongful Death?
A wrongful death case may start out as a personal injury one, but in the event of the affected person’s death, it escalates to a case of wrongful death. This occurs when a person dies as a consequence of another person’s intentional misconduct or negligence. Wrongful death can occur due to car accidents, plane crashes, criminal behavior or medical malpractices and other situations. In certain cases, the liability may not lie with an individual, but with a company or a government agency. Your Wheaton wrongful death lawyer should advise you about how certain agencies are immune to a wrongful death suit. The presence of certain key elements is crucial for the claim to be supported in a court of law.
Key Aspects of a Successful Death Suit
In order to initiate substantial action for a wrongful death suit, the first step for a Wheaton wrongful death lawyer is to establish that a person lost their life due to another’s actions. Secondly, it must be evident that the action that caused death amounts to negligence or intentional misconduct aimed at causing harm or injury to the victim. Once the death and its cause are established, it must be identified as to who has the legal bearing to file a lawsuit. It would need to be demonstrated that there are family members who were dependents on the victim and want to file for the damage caused to them. A representative who can assess the estate of the deceased, recognize survivors and understand the implications of the death on the estate needs to be nominated. A good wrongful death lawyer in Wheaton can help you establish these elements so that action can be initiated.
Is There a Guaranteed Outcome?
It is unfortunate but true that no one can guarantee a successful outcome to your case. However, a good lawyer experienced in wrongful death in Wheaton can certainly increase your chances of gaining justice for your loved one and getting the compensation you deserve.
