In legal speak, wrongful death is a term that describes the death of a person caused by the negligent or reckless behavior of another individual, individuals or entity. When a wrongful death has been established by a lawyer, the immediate family members of the deceased can claim compensation via a wrongful death claim or lawsuit.
The surviving members who may be eligible to make a wrongful death claim include, parents, spouse and children of the deceased. But, there are four elements that first have to be established before they can stake a claim.
Under the law, there are four important elements of a wrongful death case. It is up to the surviving members of the deceased to prove all four of these elements in order to win their lawsuit and get financially compensated for the death of a loved one.
This is another important reason why you need to retain the services of a wrongful death lawyer to improve your chances of winning the claim. The following are the four key elements that needs to be proven during the wrongful death claim proceedings.
Since the claim of a wrongful death indicates that someone’s to blame, it is crucial for the surviving members of the deceased to prove negligence or recklessness of an individual, individuals or entity which led to the death of their loved one. It goes without saying here that the defending party is going to come prepared, so claimants need to hire the best wrongful death lawyer they can to make sure their case is presented properly.
Another key element that needs to be proved by the claimant’s lawyer is whether or not the defendant in the lawsuit owed a duty to the deceased person. This can get complicated, which is why you need to hire the expertise of an experienced lawyer who specializes in wrongful death claims.
When it comes to establishing the defendant’s failure to follow their duties, it is up to the plaintiff to first establish how the duty of the defendant existed in the first place. For instance, it is up to the motorist to maintain their duty of driving safely on the road and obey driving laws. On the other hand, it is up to a doctor to maintain their duty of maintaining a high quality of treatment for their patients.
Apart from establishing the duties of the defendant, it is also up to the plaintiff to prove how the negligence or recklessness on the part of the defendant led to the death of the claimant’s loved one.
Financial damages make up an important part of a wrongful death claim. It is up to the wrongful death lawyer you hire to prove that the death of a loved one has resulted in financial damages such as, medical expenses, hospitalization and funeral costs. Other damages will include loss of income, loss of inheritance and loss of protection apart from the pain and suffering that’s caused by the death of a loved one due to the negligence of the defendant.
In order to prove these four key elements in a wrongful death proceedings, the plaintiff needs to hire the expertise of an experienced wrongful death attorney who specializes in wrongful death claims. wrongful death attorney
