If your loved one has suffered wrongful death but signed a document prior to the incident, you may be wondering if the document that they signed will prevent you from filing a wrongful death lawsuit. The answer to that question depends on the specifics, and not all waivers are the same. There are several factors that come into play, such as the state the case took place in and the specific nature of the case. Here’s what you need to know:
1. There are some situations where a waiver is likely to prevent you from filing a wrongful death lawsuit
In some cases, a waiver will completely prevent you from being able to file a wrongful death lawsuit. However, many business owners falsely believe that a waiver completely eliminates liability, which is not the case. Therefore, it’s crucial for a lawyer to investigate the specific circumstances of your case. Cherepinskiy Law Firm, PC is a great example of a skilled lawyer to choose for a wrongful death case.
2. Some waivers will not hold up in court
In some cases, the waiver that the victim of wrongful death signed may not hold up in court. However, only a skilled lawyer will be able to determine whether or not the waiver was legally binding or not. This is one of many reasons why it is important to seek quality representation in a wrongful death case. Do not simply assume that you will not be able to file a successful wrongful death lawsuit simply because the victim signed a waiver.
3. Gross negligence usually allows for a lawsuit even if the plaintiff signed a waiver
If you can prove gross negligence, you will almost always be able to file a lawsuit even if the person who died had signed a waiver. For example, if an individual signed a waiver before skydiving that did not mention equipment failure, they would still be able to file a successful lawsuit if they died as a result of a parachute failure that was caused by gross negligence.
4. If an individual was not thoroughly informed in the waiver, the waiver is unlikely to be valid
If the waiver did not thoroughly inform the wrongful death victim of risks inherent to the activity, it is not likely to be considered valid. If the waiver did not mention specific risks that led to the wrongful death, the waiver is likely to be considered invalid.
