If your loved one or family member died because of someone else’s negligence, you might be qualified to file for a wrongful death lawsuit. Any legal process is complicated enough, but when it involves the death of a loved one, you need a wrongful death lawyer to give you professional legal guidance.
Wrongful death is a category under personal injury claims. In a personal injury case, the victim can file for a lawsuit and seek compensation for damages that he or she sustained. However, in a wrongful death suit, a wrongful death claim may be filed by the deceased victim’s family members or close relatives.
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What is a wrongful death claim?
When a person dies as a result of another person or a company’s failure to do something, the family members of the deceased can file for a wrongful death claim. Essentially, wrongful death is a result of negligence.
4 Components of a Wrongful Death Claim
There are four critical components involved in this type of lawsuit. The surviving family members must be able to submit proof for each of these elements to win the case. A wrongful death attorney can guide you in completing the requirements for a wrongful death claim.
The surviving family members, with the help of a wrongful death lawyer, must prove that the death of their family member or loved one was a result of reckless and careless actions of the other party.
Breach of Duty
To succeed in your wrongful death claim, your wrongful death lawyer must prove that there was a duty owed by the defending party to the deceased victim.
For instance, healthcare professionals have a duty to do everything they can do to protect their patient’s health. Law enforcement officers have a duty to uphold the law. Drivers have a responsibility to obey traffic rules. Employers have a responsibility to keep their staff safe.
The plaintiff must establish how the defending party’s duty is outlined – and that this duty was violated through negligence, resulting in wrongful death.
In relation to proving that there’s been a breach of duty, it must also be proven how this breach caused negligence leading to the death of your loved one.
In a wrongful death suit, the death must have resulted in computable damages such as medical expenses, hospitalization, loss of income, loss of potential earnings, loss of guidance, funeral and burial expenses, as well as other pain and suffering prior to the death of the victim.
These four components of a wrongful death lawsuit require presenting strong evidence before the court. Along with the evidence, you must have expert witness testimonies spearheaded by a skilled wrongful death attorney.
Causes of Wrongful Death
The common causes of wrongful death lawsuits and claims are the following:
- Traffic accidents
- Motorcycle or Automobile accidents
- Establishment accidents
- Neglect and abuse in assisted living facilities and nursing homes
- Birth accidents
- Product defects
- Criminal activities such as shootings, violent acts, or stabbings
- Supervised roles, including daycare, adult care, etc.
Hiring a Wrongful Death Lawyer
When employing the services of a lawyer to represent you, you must know what factors separate a wrongful death attorney from other legal professionals.
These factors include:
Adequate Resources for Litigation
A wrongful death claim could get costly. Gathering enough evidence, pursuing experts to support your claim, and other expenses quickly add up. A skilled wrongful death lawyer must be equipped with adequate resources to shoulder the costs initially.
To have higher chances of securing your wrongful death claim, your attorney must have a good track record of acquiring favorable results.
Diligence and Commitment
As always, it’s in your best interest to work with a legal professional experienced in wrongful death lawsuits. Aside from experience, choose an attorney who can provide your case the individual attention it needs. You must not feel like your case is a mere statistic to add to any lawyer’s repertoire of cases.
It’s best to ensure that your wrongful death claim is handled by a lawyer who is diligent and committed to seeking justice for the death of your loved one.
Building a Solid Case
We can help you build a substantial wrongful death claim. Please get in touch with us to discuss your case.