Losing a loved one is tough, especially when it comes to our closest family members. Recovering from the death of a spouse or parent can be some of the most trying times, and it can take time to deal with that grief.
However, you might be concerned that your loved one didn’t just pass away. You believe that they were killed by another person’s negligence, and you want to file a wrongful death claim.
However, what do you need to know about wrongful death before you begin? What qualifies as “wrongful death,” and how can it help you and your surviving loved ones? Before you begin your wrongful death claim, contact wrongful death attorneys with experience and make sure that your claim is a strong one.
Negligence Leading to Death
First, what is wrongful death? Sometimes, we might be concerned that another person’s death is due to the recklessness and lack of concern another person has toward the deceased’s safety. They make poor decisions, and the deceased was the one who had to suffer for it.
Showing that the other person acted in a negligent fashion will be one of the first steps of your wrongful death claim, and you’ll need to prove that they were negligent before you’re able to proceed.
In some cases, they could have even been malicious on purpose. For example, let’s say your loved one was at the wrong place at the wrong time, and they were a victim of gun violence. Because the other person did not act with their safety in mind, they would be held responsible for their death.
Breach of Duty
Proving that they should have protected the safety of the deceased will also be important. Similar to negligence, a breach of duty happens when a person who should take care with our safety does not act in an appropriate manner. On the road, this means that other drivers should be vigilant, follow the laws, and ensure that they’re taking reasonable measures to avoid an accident.
A doctor would have a duty to act with reasonable quickness to protect your health where possible. If they fail to diagnose a dangerous illness in your loved one, for example, because they didn’t take reasonable measures to examine your loved one, that would be a breach of duty.
Proving Cause of Death
However, it’s not enough to just show that the person in question was negligent. For example, a speeding driver may have been negligent, but the fatal accident could have been caused by a road hazard or a deer crossing the road. So, you’ll need to prove they caused your loved one’s death.
Your lawyer will need to show that the deceased would still be with us if not for the actions of the defendant. So, in the example above, they’d need to show that the speeding driver caused the accident by losing control of their vehicle and hitting your family member. Had they not been speeding, then, they wouldn’t have lost control and killed your loved one.
Damages for the Surviving Family
After the grief and pain your family has suffered, you deserve compensation for the claim. These damages should compensate you for both physical and emotional losses. For example, your damages might include the following:
- Medical expenses
- Loss of companionship
- Burial expenses
- Pain and suffering after the loss
- Loss of income
Losing a loved one is tough, but with the right attorneys on your side, you could receive the compensation you need to move on. Their burial costs alone might high, which means more debt and expenses during this difficult time.
It’s painful, but you and your family will have a chance to recover after your family member’s wrongful death. If you’re still not certain that your claim qualifies as wrongful death, reach out to an attorney for help fighting for the compensation you and your family need.