If you want to file a wrongful death lawsuit, it pays to understand what this crime entails before you even consult a legal expert. This will place you in the perfect position to pursue the litigation to its rightful conclusion.

Understanding Wrongful Death

A wrongful death is “when the death of an individual is caused by the wrongful act, default or negligence of another person or group of people”. A wrongful death could also be a result of a wilful assault, breach of contract or warranty. In any or all of these cases, the estate of the deceased person can file a civil lawsuit.

Examples of Wrongful Death

A driver who gets behind the wheel after using alcohol is putting others in danger. If this driver causes an accident and somebody dies, the survivors of the deceased can institute a wrongful death lawsuit against the errant driver. Another example is a case where police officers use excessive force in arresting a suspect who is not armed or resisting arrest. If that suspect dies in the process, his or her survivors can file a wrongful death lawsuit even if the officers are acquitted of murder charges. Wrongful death lawsuits can also be instituted against medical practitioners. In cases where a medical doctor’s negligence, action or inaction leads to death, the estate of the dead patient can file a wrongful death claim. For instance, a medical doctor fails to diagnose cancer and therefore delayed treatment. If that patient eventually dies of cancer, the failure to carry out the right diagnosis is not a criminal offense. However, the doctor will be held liable for the death of the patient.

Filing a Wrongful Death Lawsuit

If you want to file a wrongful death lawsuit, your best move is to consult a wrongful death attorney like Nuru Witherspoon. This legal expert will guide you every step of the way and ensure you get justice in a court of law. The first step is to tell the lawyer exactly what happened to the deceased. Give details and include specifics like time and date of the incident. Once you have given the legal expert all the relevant information, he or she will take notes and analyze the circumstances of death. This analysis will enable your lawyer determine if you have a good case or not.

When You Have a Good Case

Once your wrongful death attorney decides that you have a good case, the next step is to file the lawsuit. It is important to start the process early because some of these cases have a statute of limitations. This means that if you have not filed charges within a particular time, no court will hear the case again.

Getting a Favorable Outcome

Once the matter goes to court, you are likely to get a favorable outcome in court. At this point, you should not meet with or negotiate with the defendant. The matter is court already so you should let the law take its course. If the case is decided in your favor you will get justice for the deceased and closure for the survivors.