Understanding Wrongful Death Lawsuits
Accidents occur on a daily basis, and while a large number result in injuries, some are devastating enough to cause loss of life. In such cases, where accidental death can occur because of negligence on someone’s part, a wrongful death suit can be filed. Wrongful death can be a bit complicated but the following are some important points that you need to understand when considering filing for wrongful death suits.
Proving Wrongful Death
Before you file for a wrongful death claim, it is necessary to ensure that the accident which caused the death meets certain criterion to be considered as such. Not every accidental death can be chalked up to wrongful death. To be classified as wrongful death, the incident must highlight or showcase the following factors:
- Proof of negligence which resulted in the accident
- The kind of negligence that inevitably resulted in the death
- The survivors or beneficiaries who were dependent on the deceased person
- The financial damage that the death has caused along with the diminished quality of life
To successfully file a wrongful death suit, you need to prove that all four factors are visible. For example: If a delivery person fell down some icy stairs while making a delivery in winter, during freezing temperatures, hit their head and passed out and froze to death on the steps, the homeowner is liable for it.
This is because the homeowner neglected to keep their stairs free of ice and the homeowner did not check on the person outside or get help. It is difficult to imagine that someone would simply not open their front door, even to glance outside. In this scenario, the wrongful death claim can be filed here as the homeowner was negligent.
State Laws Apply
In many cases, there can be civil wrongful death suits which are impacted by the state laws. Each state has different statutes and limitations that apply on any civil wrongful death suits that are filed. Some civil wrongful death suits even have to be delayed when the wrong party is faced with a criminal trial, resulting in jail time.
For this reason, getting legal help can allow you to make a case that is air-tight and ensure that you are legally in the right. Moreover, your legal help can ensure that you apply for the suit in accordance with the rules and regulations and the time limitations that govern any civil wrongful death suit.
Wrongful death compensation is limited to pecuniary or punitive damages pertaining to the financial loss or emotional suffering caused by the wrongful death. In many cases, having legal help can actually help you since your attorney can negotiate for the right amount. Moreover, attorneys can also work out lucrative settlements which means that your wrongful death suit will not have go to court where it will be drawn out.
Get the Best Legal Help
Our legal attorneys can provide you with invaluable advice as well as help you take the right course of action. If you are looking for a good attorney for wrongful death suits in Missouri get in touch with The Law Offices of John M. Lynch. With a skillful team of dedicated attorneys, The Law Offices of John M. Lynch can provide you with the right legal help to help you win your case. Call now on (314) 726-9999.