Wrongful death cases are some of the most difficult to go through because emotions usually run high. When someone dies because of the negligence or direct actions of another party, the deceased’s family has the right to seek legal help to obtain compensation. Those who are in need of the services of a wrongful death lawyer in Oahu need to know what they can expect from the process so they will be prepared.
What to Expect in a Wrongful Death Claim
Proving liability in a wrongful death claim means being able to submit substantial proof to the court system. If there is not enough proof, it will be difficult for the family members or representative of the deceased’s estate to prove liability for the death. The following elements should be part of any wrongful death claim:
- The defendant owed a duty of care to the deceased.
- The defendant breached the duty of care.
- The breach in duty of care directly caused the death.
- The family of the deceased suffered measurable damages.
If none of these elements are present, it will be impossible for the family members or estate to be successful in proving liability. To prove these elements, a wrongful death lawyer in Oahu will begin investigating the death and working to gather as much evidence as possible.
How to Get Legal Help
To get started on the process of filing a wrongful death claim, the family of the deceased needs to meet with the lawyer and go over the details of the death. In the state of Hawaii, a wrongful death lawsuit must be filed within two years of the date of the death. Suits filed after this time limit will not be heard and the family or estate will give up their right to further pursue the matter.
If you are interested in learning more about getting the help of a wrongful death lawyer, visit Autoaccidentattorneyhonolulu.com. They will help through all of the steps so families can get the fair outcome they deserve. Call the office right away to get started.
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