Nobody wants to be accused of killing another person, whether intentionally or negligently. That is why you are likely to face a strong defense when pursuing a wrongful death lawsuit. You need to be prepared for the challenges, which include these three issues:

Cause of Death May Be Difficult to Determine

Proving that a person's negligence caused your loved one's death is one of the most difficult things you may face in your legal battle. This might be the case, for example, if the deceased had numerous and complex health conditions. It could also be the case if the deceased was very elderly, as elderly people are usually frail.

To make matters worse, a doctor who suspects their own negligence as the cause of death may be reluctant to suggest an autopsy. If you don't have the presence of mind to make the request soon after the death, you may take your loved one's body and cremate or bury them before realizing the need for an autopsy. That would be unfortunate because an autopsy should be performed as soon as possible after death to improve the accuracy of the results.

Determining Future Earnings May Be Difficult

Calculating projected earnings is not always easy. The amount awarded to family members for the death of their loved one is based on the job the loved one had, their future earnings prospects, and when they were planning to retire. Since much of this information is somewhat unknown, it is difficult to make an exact determination.

To make matters worse, the projected future earnings of the deceased must be reduced to their present value. This is necessary because a thousand dollars will not have the same value in a decade as it does now. Many people including judges, juries, and even defendants find it difficult to understand the concept of future damages and present values. Therefore, it's not a guarantee you will be fully compensated for all your losses.

Government Immunity

A third complication that you may meet in your quest for justice is the issue of government immunity. Local, state and federal arms of the government are often immune from this type of claim. However, there are exceptions, and you may be allowed to sue the government if the death was occasioned by:

• Gross negligence of a government agent, for example, when a drunken government employee drives over a loved one.
• A defective public building
• Poorly maintained public road

These exceptions are always being evaluated, so you should not just assume that you don't have a claim if the government causes your loved one's demise.

As you can see, wrongful death claims aren't always straightforward affairs. You can only overcome these limitations if you prepare yourself well with the necessary documents, submit your claim in time and target the correct respondent. Of course, you will need an experienced wrongful death attorney to help you coordinate all these things.