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What Is A Wrongful Death Claim?

‘Wrongful death’ is a legal term that describes the death of an individual caused by the negligence or carelessness of someone else.

As per law, there are four key elements that characterize a case of wrongful death: carelessness, infringement of duty, causation, and damage. Here’s a closer look at each:

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What Is A Wrongful Death Claim?

‘Wrongful death’ is a legal term that describes the death of an individual caused by the negligence or carelessness of someone else.

As per law, there are four key elements that characterize a case of wrongful death: carelessness, infringement of duty, causation, and damage. Here’s a closer look at each:

  • Carelessness: The surviving family members of the decedent need to prove that the death was caused due the negligent actions of someone else.

 

  • Infringement of Duty: To pursue a wrongful death case successfully, it’s important to prove that the accused owed a duty. For instance, a car driver has a duty to drive safely. Similarly, medical professionals need to abide by the duty to maintain the patient’s health.

 

  • Causation: Apart from proving how the duty was infringed, one also needs to prove how carelessness/negligence of the defendant led to the death of the victim.

 

  • Damages: Sudden death of an individual may have generated costs such as hospitalization, loss of income, and funeral expenses. There could also be non-economic damages including loss of protection and loss of guidance.

Proving these four key elements demand strong evidence and reliable witness testimony. A skilled and competent attorney specializing in wrongful death cases can help you establish these facts.

CAUSES OF WRONGFUL DEATH

There could be several causes of wrongful death such as:

  • Automobile accidents
  • Nursing home abuse
  • Medical malpractice
  • Occupational hazards
  • Violence, shootings, and stabbings
  • Premise accidents

WHO CAN FILE A WRONGFUL DEATH LAWSUIT?

A wrongful death claim is usually filed by a representative on behalf of the survivors of the deceased. In most states, a spouse may file a wrongful death lawsuit. Some states allow distant relatives such as aunts, cousins, relatives, and grandparents to sue for wrongful death.

DAMAGES IN A WRONGFUL DEATH

  • Pain and suffering
  • Loss of expected income
  • Loss of inheritance
  • Funeral and burial expenses
  • Loss of companionship
  • Loss of love, care and guidance

GET A FREE CASE EVALUATION OF YOUR WRONGFUL DEATH CLAIM

If your loved one has died due to the negligence or carelessness of another person, company or entity, you are eligible to bring a legal action for wrongful death. Seeking the assistance of an experienced attorney is important since wrongful death claims could turn out to be complicated. A competent lawyer will provide adequate representation by building a strong case. Most law firms also provide a free case evaluation of your wrongful death claim.