Wrongful death is a legal phrase used to describe the death of a person caused by one’s negligence or carelessness. Close family members have the right to file a wrongful death lawsuit against the perpetrator to get compensation for the emotional harm and financial loss inflicted on them. Parents, spouse, and children of the deceased are the ones who are mainly capable of filing such a lawsuit. One can get compensation for funeral expenses, lost wages from the departed and lost companionship. Auto accidents are one common cause of wrongful deaths. It can subject the members of a particular family to a long grieving process.
Immediate family members can file a lawsuit to hold those responsible accountable. Medical malpractices can also lead to wrongful death. When medics fail to give one the required medical care resulting to his or her death, their family members are free to sue the responsible doctors or health center for wrongful death. The lawsuit should be based on facts that show any medical malpractice. One can also be sued for any criminal act linked to wrongful death. There are different elements of wrongful death as described by the law. They include:
The immediate family member of the deceased who is responsible for filing the lawsuit should be in a position to prove that the cause of death of their loved one was as a result of negligence. One should point out the negligent actions or cases of misconduct committed by the accused. Coming clear on this means you have a solid case which might go in your favor.
Contravention of duty
One must prove that the accused in a wrongful death lawsuit was responsible for attending the deceased for their case to be successful. One good example is how doctors should be accountable for the well-being of their patients or drivers should be keen while ferrying passengers. You should be in a position to know how the accused duty was outlined and how they caused the death of your loved one through recklessness.
One’s death may bring about determinable damages like funeral costs, hospital bills, loss of earnings among others. One is required to provide substantial evidence in such a scenario to prove their case. Proper witness testimony can ensure you have a solid case before the court. You should hire a lawyer who is an expert when it comes to dealing with matters related to wrongful death.