Involvement in a situation where a death occurs is a traumatic experience. This is true for all parties involved. A wrongful death claim exists when a person dies due to the legal fault of another person or business. A subsequent wrongful death lawsuit seek damages, which can include compensation for the survivors’ loss, such as lost wages from the deceased, lost companionships, and funeral expenses.
When the circumstances surrounding a person’s death are anything other than natural, there are additional remedies sought as justice for the deceased, often including compensation for those left behind.
Dealing with wrongful death, for instance, adds many more layers because not only has an individual passed away, but they have passed away as a result of circumstances that had they not occurred, the individual would still be alive. Couple this with the fact that there is much to be said about the moral and ethical dilemmas that occur during wrongful death instances. It is quite a traumatic experience for all involved. The most important individuals involved in a wrongful death case are the deceased and their loved ones.
What is a wrongful death claim?
In a nutshell, a wrongful death claim exists when someone dies due to the legal fault of another person, company or governmental agency. The claim is based on the fact that someone is legally at fault for acting negligently (failing to act as a reasonable person would have acted) and for acting intentionally.
Wrongful death claims involve all types of fatal accidents from simple car accidents to complicated medical malpractice, occupational hazards and exposure to product defects, premises accidents, and more.
When a wrongful death claim is pursued in a court of law, the case seeks justice for the deceased and compensation to the individual’s family, burdened by the grieving process and financially responsible for the outcome of a stressful situation.
How to handle a wrongful death claim
To adequately handle a wrongful death claim, there is much to be said about having the right attorney and approach in place from day one. A knowledgeable attorney can be a powerful advocate when it comes to legal representation. A professional and well-versed attorney will build a compelling case around the evidence.
Trial lawyers agree: “In wrongful death cases, we must prove the death of the plaintiff’s relative was caused either by part or in whole by the carelessness, recklessness, or by the negligent actions of the defendant.”
How to win a wrongful death case
To win a wrongful death case, two elements need to be addressed.
First, credible and quality evidence is essential in a wrongful death claim. An attorney will build a case around the evidence to show that the burden of proof is met. If the burden of proof is not met, no awards are recovered. It is important to make sure there is evidence to prove the cause of death was indeed due to the carelessness of the defendant (e.g., the business or individual sued or accused in a court of law).
Furthermore, in wrongful death cases, you must prove the death of a relative was caused either by part or in whole by the carelessness, recklessness, or by the negligent actions of the defendant.
A claim of wrongful death can become quite complicated. Start by consulting a qualified attorney who understands the complexity of these types of cases and can help you through the process of obtaining all that is necessary to help prove your wrongful death case.
Craig Lebrau is the CMO of Media Insider, a Wyoming-based PR company that aims to disrupt the way companies communicate their brand in the digital era.
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