Legal Guide

Home > Legal Guide

5 Elements Of A Wrongful Death Claim

Wrongful death claims are made mostly by any close relative or usually a family member of the victim. The victim might have passed away due to a workplace accident, car accident or truck accident, or any other type of homicide. There are no such restrictions present for a family to file a wrongful death lawsuit.  The only necessary thing is that the victim should be deceased and the family had experienced loss. Though these two are primary elements, this article will guide you through five main aspects of a wrongful death claim. If you or your loved ones experienced a loss recently, then this article might be what you are looking for.

Death Of A Person

A wrongful death claim cannot take place if the person has not been dead. It is impossible to file a wrongful death case if there is no death. One can take help from a wrongful death attorney and read and understand all the information regarding death claims. As discussed earlier, workplace injuries and medical malpractice are among the top reason and causes behind wrongful death.

Accidents And Intentional Acts

While it may seem that most wrongful deaths somehow involved accidents, but there are times when they aredirectly caused by chance. This only changes the course of the lawsuit. For example, someone dying a genuine unavoidable accident is different from someone who is dying due to a truck driver fallen to sleep. There are times when the court argues and insist that intentional acts should not be mixed and included in wrongful death cases. For this reason, it is better to consult a wrongful death attorney and confirm whether you can file a wrongful death claim or not. There has been seen that the court will allow cases to continue at a civil court level after the state has taken criminal action.

Negligence

Many people confuse the term negligence with carelessness. Failure covers everything from not twisting the pipe across your lawn or even neglecting them the care they deserve as a person. For this reason, you will need to prove that your family member died as a result of someone’s direct involvement or action. For example, suppose someone witnessed that your family member was just riding a motorcycle down the street and just opened their vehicle door in the traffic, which hit the rider. In that case, this is undoubtedly a case of negligence.

Loss Experienced By Survivors

The main reason behind a wrongful death case is that the deceased have experienced loss and damages. Most of the criminal death attorney would fight for the medical bills of the deceased ones. Moreover, it has also been seen that the wrongful death case also includes unexpected funeral costs that might be a burden on the victim’s family. When emotional losses are concerned, many people lose their loved ones in car accidents. These might be their parents or their better half. As far as the parent is concerned, they won't see their child’s graduation and wedding. Whereas when one loses their better half, they lose their companion whom they believed they would spend the rest of their life. Any dollar value does not justify these type of compensation, but wrongful death attorney works hard to find a way through.

An Experienced Wrongful Death Attorney

It's quite challenging to come together as a family to file a death lawsuit. That being said, one should be able to hire an experienced wrongful death attorney so that he may be able to recover the medical damages. Many victims also claim the expense of days or weeks that the victim had been through in the hospital.


comments powered by Disqus