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Signs That You May Have A Wrongful Death Claim

Nothing is more painful than losing your loved one in a tragic accident. The incident is more painful when they are killed by someone else’s carelessness. This may cause you to feel angry towards the negligent party. However, being angry is not enough to bring justice. 

Filing a wrongful death case can help you recover compensation for your loved one’s demise. However, before filing, you must first confirm that you indeed have a case. A Stockton wrongful death attorney can help you understand your options. 

Signs you may have a wrongful death claim 

  • The victim has died. 

If the victim of the accident has acquired injuries that have resulted in an instant or a subsequent death, then you might have a case. Since the case is of wrongful “death,” it is important that at least one victim has lost their life. You cannot recover damages if your loved one has injuries that had “almost” caused their death. 

  • The cause of the death was the other party’s negligence. 

You can only file a wrongful death case in Stockton if the other party had caused the death, intentionally or unintentionally. Because you are the party seeking compensation, the burden of proof falls on you. You will need to gather proof and establish that the defendant could have acted in a way that would have prevented the tragic incident. 

One must also show that the other party owed the victim a duty of care to prove negligence. If the other party was not obligated to follow a set of rules, they could not be held responsible for their actions. 

  • Monetary suffering of the family. 

In order to seek compensation, you must prove that the family of the deceased has experienced some sort of monetary loss. For example, if the deceased was the only earning member of the family, then the defendant would be responsible for paying a huge amount. Some other costs may include funeral costs, medical treatment bills acquired before their death, burial expenses, and loss of inheritance. 

Who can file a wrongful death claim?

Not every person associated with the deceased can file a wrongful death. Usually, only close relatives are allowed. However, the laws may vary from state to state. Therefore, it is important to let an attorney review your case so you can fully understand your situation. 

In case the deceased has a will, the case is usually brought by the personal representative of their estate or a surviving family member. 

A wrongful death attorney has seen hundreds of cases similar to yours and knows what it is like to be in your situation. They can offer you the guidance and reassurance you need during this difficult time. Contact an attorney today. 

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