4 Problems You May Run Into In A Wrongful Death Lawsuit

Have you decided to file a wrongful death lawsuit against someone that you feel is responsible for the death of a loved one? If so, know that you are in for quite a legal battle when it comes to proving your case. That's why it will know why wrongful death cases are thrown out so that you can determine if you have a viable case.

Lacking Evidence

It's always important to know that it is on you to produce the necessary evidence to prove that there was a wrongful death. It cannot be based on a hunch or suspicion about what happened, and then hope that the judge or jury believes you. Not having the necessary evidence will cause the lawsuit to be dismissed.

Missing Statute Of Limitations Deadlines 

It's important to be familiar with your state's laws regarding the statute of limitation in a wrongful death lawsuit. This essentially means that there is a period of time that starts when your loved one passed away, and you have to start the process of filing a lawsuit by a certain date. If you file after that date passes then your case will be dismissed in court. Of course, the case does not need to be wrapped by the statute of limitations date. You simply need to start the legal process in time.

Failing To Prove A Duty Of Care

Another aspect of a wrongful death lawsuit is that the defendant must have breached their duty of care when they caused the wrongful death. Duty of care is important in cases where a wrongful death happened in a medical setting, because there are doctors that clearly have a duty of care for their patients. It can be confusing outside the medical setting where the duty of care is not so obvious.

Being Guilty Of Contributory Negligence

Keep in mind that states have laws regarding contributory negligence in a wrongful death lawsuit. This is when the plaintiff of the case has some role in the death of their loved one. Being guilty of contributory negligence can cause one of two problems. The potential settlement may be reduced by the percentage of contributory negligence that the plaintiff holds, or holding any percentage of guilt can result in the case being thrown out entirely. 

These are just a few issues that can come in a wrongful death lawsuit. That's why it's best to request a consultation with a wrongful death lawyer in your area when you're ready to file a lawsuit, because the lawyer will let you know if your case is viable. 

Reach out to a local wrongful death attorney to learn more.