Most of us will never have to deal with a wrongful death case, but if you find yourself in that unfortunate position, it can be hard to know whether or not you have a case. If you are worried about this and are in the process of seeking legal advice, here are some signs that you do.
1. If the Person Killed Was in a Public Place
If the accident or event happened in a public place, you would likely have a successful wrongful death case. While most accidents can happen anywhere, and people don’t necessarily assume that there will be other witnesses to an incident, it is much harder for witnesses to come forward if an incident happens in a private setting.
2. Witnesses Who Saw the Incident Take Place
If a large number of people saw your loved one get injured, it is more likely that you will have a successful wrongful death case. These witnesses can be your best weapon in ensuring the person responsible is held accountable for their actions, so having more witnesses means a better chance of success.
3. Witnesses Who Heard the Incident Take Place
While it isn’t always possible to prove what happened outside of what witnesses say they saw, it can help if people nearby could hear something during the incident. It can also help establish a timeline for what happened and where you can get information like car make and model, even if you don’t have photos of the car involved in the incident.
4. Documents That Show Where the Loved One Was Injured
Suppose you have documents from doctors, hospitals, or other documentation showing where the loved one was injured. In that case, it can help your case by establishing a timeline for what happened and who was involved. If you have these records and witness statements consistent with the injuries described in the documents, this can also help with proving liability.
5. Knowledge of the Accused Person’s History
If you have some knowledge of your loved one’s history, it can help with proving liability in your case. For example, if you know that the accused has a driving record. At the same time, being intoxicated or abusing drugs might help support a claim that they were trying to cover up their actions at the time before you discovered what they had done.
6. Statements From the Other Person Involved in the Incident
Just because people don’t often sue for wrongful death doesn’t mean that they don’t care about those who are killed by others. It is possible that someone else was involved in the fatal incident and may be willing to testify on your behalf.
7. The Accused Person is Making Statements About the Incident
If the accused person is not being cooperative, this can be a sign that you will have a successful wrongful death case against them. If they are not cooperating with law enforcement or filing a response, it makes sense to take legal action against them on your own since it will be more difficult for them to defend themselves as time passes.
While each case is different, and you should thoroughly investigate any accident before taking legal action, it is helpful to know whether or not you have a shot at success in your case. It can help you decide whether or not it is worth filing a wrongful death suit, and if you choose to take such action, it can help support your claim in court.