Wrongful Death
We know that losing a loved one is already a hard process and if their life was wrongfully lost then this can increase the emotional and financial strain. If you or a family member has lost a loved one due to another party’s negligence or intentional misconduct, you may be eligible to file a wrongful death lawsuit.
“Ignorance, allied with power, is the most ferocious enemy justice can have.”
James baldwin
Elements of a Wrongful Death Claim
The person filing the lawsuit must prove that the defendant’s action led to the death. This should be proved by establishing the following elements:
- Duty of Care: The defendant owed the deceased a legal duty of care.
- Breach of Duty: The defendant breached this duty through a reckless, intentional or negligent act
- Causation: The defendant’s breach was a direct and proximate cause of the death
- Damages: The surviving family members suffered measurable harm because of the death
Who can file a wrongful death claim?
- Spouse and children
- Parent(s) if there is no surviving spouse or child
- Siblings if there is no surviving spouse, child, or parent
- Grandparent if none of the previous
Possible Damages You Can Recover
Compensation awarded in a successful lawsuit are typically divide in 2 categories:
- Economic Damages – tangible financial costs
- Non-Economic Damages – intangible losses that are harder to quantify
If you or someone you know are interested in filing a wrongful death lawsuit, contact us to set up a consultation with our attorney’s.
