What Elements are in Wrongful Death Lawsuits?

The loss of a loved one is never easy, but when their death was due to a preventable accident, their death is made even more tragic. Families who have endured a wrongful death can look to a skilled lawyer to assist them with filing a lawsuit against the negligent party for their role in the accident. 

Defining wrongful death

Wrongful death is a type of personal injury case where a person has died as a result of one more parties’ negligence or inaction. Certain eligible family members can file a wrongful death lawsuit within two years of the date of their loved one’s death so that they can recover compensation to cover medical expenses, funeral costs, and other damages. 

A wrongful death claim can involve many types of accidents. Common types of accidents that a lawyer often handles include:

• Motor vehicle accidents
• Medical malpractice 
• Construction accidents
• Product liability
• Premises liability

What are the elements in a wrongful death lawsuit? 

Four main elements must be proven in a wrongful death case. In general, the main elements of a wrongful death lawsuit are:

• Negligence. A critical part of any kind of personal injury case, a lawyer must prove that the defendant conducted negligent actions, such as behaving recklessly and without regard to the safety of the victim. 
• Duty of care. At the time of the incident, the defendant must have had a duty to ensure the safety and wellbeing of the victim. The defendant knowingly violated their duty by engaging in negligent actions, resulting in a breach of their duty of care to the victim. 
• Causation. A lawyer must show that the defendant’s actions directly caused the victim’s death. 
• Damages. The deceased’s family may be entitled to certain economic and non-economic damages, such as medical expenses, funeral costs, and pain and suffering.

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Work with a trusted and experienced lawyer who can assist you with a wrongful death lawsuit. They understand that you and your family deserve justice and compensation for what happened to your loved one. Contact a top lawyer today for personalized legal guidance and advice.