When another party’s negligence or action causes an injury to your loved one or other damages, you can file an injury lawsuit to get compensation from the responsible party. However, if he or she dies due to that party’s action, then you may be able to sue the latter for your loved one’s wrongful death.
Losing a family member is a heartbreaking experience, and you may find yourself confused about what to do subsequently. This is the reason why you have to get in touch with a wrongful death lawyer, who will help you in the process.
An attorney of wrongful death will help you get compensation for damages. Your lawyer and you will together gather the required details as fast as possible so that you can timely file a wrongful death lawsuit.
However, in filing it, you must understand that certain factors have to be there in your wrongful death claim. These are the four factors of a valid one.
Duty of Care
Proving that the defendant party owed this duty to the deceased is a must. Duty of care basically means that a party has to act by keeping another person’s safety in mind. If your family member died in an automobile accident, then you have to prove that that party has the obligation to drive reasonably safely.
Breach of the Duty
When you identify that this duty exists, then you require evidence to substantiate that the at-fault party’s negligent or willful act breached it, causing the demise of your family member. That the accused breached this duty by driving when under the influence of drugs or alcohol, breaching traffic regulations, or by committing other negligent act has to be proved.
Once you prove that the defendant breached the duty of care, you have to be able to establish that their negligence directly brought about your loved one’s demise.
When you have evidence for the three criteria mentioned above, you should then prove that the demise resulted in quantifiable personal damages, like the costs related to the individual’s hospitalization, burial and funeral, in addition to the loss of inheritance and future income. You can include non-monetary damages like pain and suffering as well as the loss of companionship, love, moral support or care.