Can a Wrongful Death Claim be Filed if the Deceased Had Pre-existing Health Conditions?

Harold Boone • September 30, 2023

Losing a loved one is one of the most difficult experiences one can go through. And if their death resulted from someone else's negligence or intentional harm, it only adds to the trauma. In such cases, filing a wrongful death claim can help you seek compensation for the losses you and your family have suffered. But what if your loved one had a pre-existing health condition? Can you still file a wrongful death claim in that case? In this blog post, we will explore the answers to these questions and more.


Is the Pre-existing Health Condition Relevant?

First and foremost, it's important to know that having a pre-existing health condition does not automatically disqualify you from filing a wrongful death claim. But it does play a role in how your case is evaluated. The defendant's attorneys may argue that the deceased's health condition was the main cause of their death, rather than the other party's negligence. This is why it's crucial to work with an experienced attorney who can conduct a thorough investigation, gather evidence, and build a strong case to prove otherwise.


Factors that Determine the Viability of a Wrongful Death Claim

To determine the viability of a wrongful death claim involving a pre-existing health condition, several factors are considered. These include the specifics of the condition, the treatment received, the cause of death, and the level of negligence or liability of the defendant. For instance, if the pre-existing condition was managed and under control, and the cause of death was directly related to the defendant's actions, you may have a viable case. On the other hand, if your loved one's condition was terminal and they were already expected to pass away, it may be more challenging to prove that the defendant's actions caused their death.


How Can an Attorney Help Me?

If you've lost a loved one and are considering filing a wrongful death claim, working with an experienced attorney can help in several ways. Your attorney can conduct an investigation to establish a clear cause of death, gather evidence and witness statements, negotiate with insurance companies, and represent you in court if necessary. They can also help you understand the legal issues involved and advise you on the best course of action based on your individual circumstances. By having a knowledgeable legal advocate in your corner, you can have a better chance of obtaining the compensation you deserve.


In conclusion, if your loved one had a pre-existing health condition, it's still possible to file a wrongful death claim if their death resulted from another party's negligence or wrongdoing. However, such cases can be complex, and it's important to work with an attorney who has experience in handling wrongful death claims. They can help you navigate the legal process, build a strong case, and fight for the justice and compensation you and your family deserve. At the end of the day, nothing can bring back your loved one, but a wrongful death claim can help you hold the responsible parties accountable for their actions.

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