The term “Wrongful death” is often used without proper knowledge on the subject matter. According to a wrongful death attorney, wrongful death is a legal team entailing the death of an individual caused by the carelessness or recklessness of other people or entities. A wrongful death lawyer helps the family member and the loved ones of the victim file a wrongful death suit. A wrongful death claim helps loved ones and immediate family members seek compensation for their emotional and financial damages. For something to make a death wrongful, there are four main elements according to the law.
Four Elements That Make a Death Wrongful
To consider death as wrongful, it must consist of 4 elements according to the law. Family members, loved ones, or whosoever filed the lawsuit must prove each element to win the case. To win a valid personal injury claim, these 4 elements has to be present:
- Negligence: The immediate family members or the legal representatives have to prove that their loved one was caused harm by recklessness, carelessness, or negligent actions
- Breach of Duty: To prove the personal injury cases, a wrongful death attorney has to prove that the defendant owed a duty to the deceased victim. For instance, a driver must drive safely and follow traffic rules. Doctors and healthcare providers also have to provide healthcare services. To win a valid personal injury claim, the plaintiff has to establish a breach of duty to the Judge and Jury.
- Causation: Causation is another element that has to be proved by the victim’s loved ones or the legal team. In this element, they have to prove how negligence, recklessness resulted in the death of a loved one.
- Damages: The fourth element that has to be present for a wrongful death claim damage. A wrongful death lawyer must show quantifiable damages such as hospitalization, healthcare expenses, and funeral expenses, loss of income, guidance, inheritance, pain, and suffering to the victim.
To prove wrongful death in a court requires the wrongful death attorney to provide strong and immutable evidence. Witness testimony is also important to be presented by a skilled wrongful death lawyer.
Common Causes of Wrongful Death
Skilled wrongful death attorneys are involved in numerous cases, all of them revolving around common causes, including:
- Automobile, commercial truck, and motorcycle accidents
- Healthcare malpractice
- Birth injuries
- Defected products
- Hazardous working conditions
- Work-related accidents
- Criminal actions that include instances of violence, shooting, and stabbings
- Supervised activities including daycare, old age care field trips related to accidents
Proving Wrongful Death
Wrongful death is one of the most severe personal injury cases that an attorney has to go through. To prove wrongful death, the 4 facts mentioned above have to be proved. Some states have a restriction about who can file a wrongful death claim. A spouse is a special exception, a spouse is always allowed to bring a wrongful death claim. In a situation where a minor is a victim, a parent has the right to file a wrongful death claim.
The more distant the relationship between the victim and the family member, the tougher it is to make a valid personal injury claim. Needless to say, the closer the relationship, the easier it is to file a suit. A skilled wrongful death attorney can help family members or spouses to file the claim.
You may reach out to us at 214-321-4105 for a free consultation with the greatest attorney for proving wrongful death.
