No other event can be as painful, traumatic and lasting as the death of a loved one. The grief and sense of loss get extremely aggravated when it is sudden and accidental in nature. And the grief also turns into fury and anger if it happens because of someone else’s wrongdoing. This is a wrongful death lawsuit case and you can receive help from an attorney.
Besides reeling from emotional trauma, the sudden death of a loved one can also impose several financial difficulties as well, particularly if the departed individual was the sole breadwinner for the household. The financial troubles in such cases can be resolved by filing a wrongful death lawsuit against the person or entity responsible for the accident.
Wrongful death lawsuit claim can help the bereaved family to get the compensation for the medical expenses, the funeral expenses, and the future financial assistance if the deceased person is the primary provider. It is important to mention that the services of a good attorney prove to be central for filing a wrongful death lawsuit claim.
Components of a wrongful death lawsuit
Establishment of duty of care
This element of wrongful death lawsuit entails the establishment of the fact that the defendant owed a duty of care to the deceased individual. For example, all car drivers have a duty of care to drive in a way that doesn’t pose threat to anyone on the road.
Confirming the breach of duty
After establishing that the defendant owed a duty of care to the deceased, an attorney has to establish that the defendant breached his duty of care. Car drivers can breach care of duty in multiple ways. Driving under the influence or over speeding the vehicle are some of the of duty of care breaches.
Linking breach of duty to fault and loss
In order to get full compensation as per wrongful death claim, the legal counsel of the bereaved family also has to establish the connection between the breach of the duty of care and causation of the death. This means the lawyer has to prove that the breaching action or inaction of the defendant is directly linked to the cause of death.
Claiming the damages
After linking the death of the loved one to the breach of the duty of care, the attorney in question has to establish how the wrongdoing of the defendant has turned into financial troubles for the family of the deceased individual in order to get the full wrongful death compensation. Wrongful death claims should be exclusively left to lawmakers because only they are able to work out every phase of the claim in a better manner.
Besides dealing with financial repercussions of losing a loved one through wrongful death claim, people must also work for their ruined emotional wellbeing. For instance, they can join the support group of individuals suffering from the same losses. In order to move on, it is also important to accept and express all your emotions and feelings.
It is always better to learn about your rights for such unfortunate instances. Any good law firm can guide and assist you in a better way regarding wrongful death claims.
Wrongful death lawsuit | Attorney Javier Marcos
If a family member or loved one dies because an irresponsible, reckless, or negligent person or company acted in an indifferent or unprepared way you maybe eligible to receive the fair compensation you deserve for your loved one’s loss and suffering. Personal Injury Attorney Javier Marcos is ready to assist you 24/7.