When a loved one has been killed due to the actions of another, by way of an accident or perhaps medical malpractice, their loved ones have the right to gain restitution. If the person who caused the accident is not held criminally liable, then it's possible to seek justice through the civil courts. How can you win a wrongful death claim? There are certain facts that can help you prove your case more effectively.
How Is a Wrongful Death Suit Judged?
The majority of wrongful death lawsuits are judged based on several factors and will vary depending on how your loved one was killed. These factors include the insurance coverage of the defendant and how much it would cover in the event of a win for you and what kind of assets they have, for example, if they own their home or have vehicles. Also taken into account in a wrongful death lawsuit are accident reports provided by the police, eyewitness accounts, including passengers in the vehicle, video footage and physical evidence such as skid marks, road conditions, weather and lighting factors, any potential mechanical issue with both cars and a number of other factors that could have lead to an accident.
For a medical malpractice lawsuit, the doctor's medical practice history is taken into account, possible lack of training with certain procedures and if there had been any reports of incidents of a similar nature or other such injuries stemming from this doctor in the past.
How Does the Victim Play Into It?
There are other factors that the court will look at in determining a wrongful death lawsuit. For example, the court will look into the life expectancy of the person who was killed. This can help in two ways. The first way is to determine the amount of damages the loved one's family can receive, and it also helps to determine if they might have lived if not for issues that might have come up during the medical procedure if the person died due to medical malpractice.
The court can determine this by looking at the person's age, medical history, lifestyle and even occupation to help judge the case fairly. The court may also take a look at how much financial support the person's family will lose as a result of their death. This is based on how long they have worked at their career and potential future earnings that will have been lost. Continue reading more here.