Seeking a Wrongful Death Lawsuit
Wednesday, September 19, 2018
Negligence of entities and other people or recklessness can cause a wrongful death.
A wrongful death claim or lawsuit is normally sought by family of the deceased person to get compensation for financial and emotional damage. In this article, the causes and elements of wrongful death will be outlined.
Common Causes of Wrongful Death
Wrongful death is commonly caused due to:
- Neglect and mistreatment in nursing home
- Supervised activities including field trips, adult care and day care
- Criminal activities such as stabbing, shooting and violence
- Accidents on premises
- Occupational hazards
- Product defects
- Birth injuries
- Medical malpractice
- Motorbike, truck or automobile accidents
- Experienced attorneys that are expert in wrongful death lawsuits are usually involved in these cases.
The Elements of Wrongful Death
The law defines four elements of wrongful death. To get a financial compensation after winning the case, the surviving members who file a lawsuit have to prove each element. The four major elements are:
An expert attorney that specializes in wrongful death claims can prove these points by presenting strong evidence and authentic witness testimonies.
- The legal representatives of the surviving members have to prove that negligent, careless or reckless actions of the defending party caused the death of their family member.
- The plaintiff has to prove that the defendant owed a duty to the dead person. The claimant has to provide evidence that the defendants did not exercise their duty and their negligence breached this duty.
- The surviving members also have to prove that the defendant’s negligent actions caused the death of their family member.
- The victim’s death must have caused financial damages such as burial and funeral costs, medical expenses and hospitalization fees. Apart from these costs, the claimant can prove that the victim was a source of earning and his death resulted in loss of protection.
The burden of proof is low, since a wrongful death lawsuit is not a criminal case. To succeed, you need to present authentic evidence. The quality and credibility of the evidence is more important than its quantity.
Researching, meeting witnesses, talking with experts, investigating the claim, and developing an effective strategy are some steps which are involved in seeking compensation for a wrongful death case. A settlement due to negotiation and demands can be a part of a wrongful death legal process. In case of an unsuccessful agreement, the case is taken to trial.
Get Help from Professionals
Proving a wrongful death can be difficult, so you might need to hire an experienced attorney. To get legal guidance in this regard, you can contact Scott M. Schweiger. You can rely on their legal team, since they have over 30 years of experience in this field.
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