Did you lose a loved one in an accident? If so, you may file a legal claim for wrongful death. Although a claim won’t bring your loved one back, it can provide you with justice and hold the at-fault party accountable for their actions. But, because of the complexity of things involved in filing a negligence claim, you need to have an experienced Miami wrongful death lawyer on your side. The following are the steps involved in filing a claim and seeking compensation for the death of your loved one:
Determining the Other Party Involved in the Accident
In a negligence case, it is important to determine the other party that is responsible for the accident. There could be more than one responsible party to determine, depending on the kind of accident your loved one was in. For instance, in a car accident, the driver of a private vehicle who is also its owner will be the only party to blame for the accident. However, if the driver is an employer, liability falls on both the driver and the employer.
Preparing a Civil Claim
To start a wrongful death claim, you must prepare a written lawsuit that your attorney can prepare. Although the at-fault driver may have also committed a crime, a wrongful death claim for financial compensation is a civil case. You can let your attorney draft and submit your complaint.
Picking the Right Court
A legal claim must be held in the right court or the court that has the authority to hear it. Where you file your claim may alter the law that applies to the case. Your attorney will help you determine where you can and should file your claim.
Determining the Damages You Want to Recover
To bring a successful wrongful death lawsuit, you must determine the compensation you want to claim and the categories of damages you are trying to recover. Your lawyer can determine the true value of your claim and ensure your complaint clearly identifies the relief you are asking the court to award.
Determining Negligence
A wrongful death lawsuit based on negligence requires an understanding of what must be proven. It is imperative to show how the at-fault party acted with a lack of reason, ordinary care. For instance, did the driver operate the vehicle recklessly or carelessly? Was he driving while intoxicated? In a wrongful death case, the elements of negligence such as duty of care, breach of this duty, causation, and the death of the victim must be proven.
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