The term wrongful death refers to a death that occurs due to the unlawful or improper action of another individual. Such deaths can be caused by negligent, grossly negligent, or irresponsible conduct, such as driving under the influence of alcohol or drugs, or from intentional acts of violence. If harm was intentionally caused to a person, the at-fault individual may also have to undergo criminal prosecution for their actions.
To file a legitimate wrongful death claim, a plaintiff, typically a close family member who brings the suit on behalf of the deceased’s heirs, needs to be able to prove that the following elements were essential to causing the victim’s death.
The death resulted either in part or in whole from the defendant’s thoughtless, careless, or negligent actions toward the victim. This must be proven through evidence.
The defendant had a specific duty to the victim. It is much the same as drivers have a duty to operate their vehicles safely and to obey traffic laws when on the road. Medical professionals have a duty to do everything possible to preserve a patient’s health. In a wrongful death case, the plaintiff needs to be able to define the exact nature of the defendant’s duty to the victim, and that the defendant’s negligent behavior allowed this duty to be breached.
To demonstrate that the defendant’s duty toward the victim was breached, the plaintiff in the suit must also prove how the defendant’s negligence led to their loved one’s death. This can be difficult to find evidence on.
Finally, the victim’s death must also have resulted in significant monetary damages, such as costs for the victim’s hospitalization, medical treatment, funeral, and burial. Other damages might include loss of income, prospective earnings, guardianship, guidance, and inheritance, as well as the pain and suffering the victim experienced prior to their death.
For knowledgeable and compassionate assistance in pursuing a wrongful death case, contact Grewer Law Group, today for a free consultation. Our skilled and seasoned wrongful death attorneys can help you to receive the highest compensation you deserve for your loss.
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