The death of a family member can be a devastating loss for anyone and especially if it is caused by wrongful death. While no one can compensate you for the loss of your family member, you can file a case of wrongful death to help relieve the financial hardship associated with the loss of a loved one.
A wrongful death claim is defined as a death caused through intentional harm or due to carelessness, negligibility or failure to act. A person crossing a road killed by a driver who was drunk or the accidental death of a woman during a purse snatching fall under the category of wrongful death.
In the case of wrongful death, the family members of the parties affected due to the death can file a wrongful death personal injury lawsuit on the departed’s behalf. These types of lawsuits are categorized under the civil lawsuit cases and it assists the loved ones of the departed to recover the losses for pain, suffering, stress, monetary loss, medical bills, and other financial burdens.
How does a case become a case of a wrongful death?
Not all cases of death can be categorized under the wrongful death explained by the law. A case of death can become a case of wrongful death only if the reason for the death is carelessness, intentional harm, negligibility or failure to act. As an example, if a person dies because of unsound treatment then it can be categorized under wrongful death while if a person dies because of his severe medical condition even after the extensive efforts of a doctor are exhausted, then it cannot be categorized under wrongful death. In order to qualify as wrongful death, the reason of death must be negligence, recklessness, criminal or intentional. Lake Charles wrongful death attorneys say that is very important to fully understand what qualifies as wrongful death before filing a lawsuit.
The burden of proof
Innumerable wrongful death claims are settled within the courtroom trial, the attorneys of both sides agree on a settlement which is made out of the court. Once the lawsuit of wrongful death has been filed, the party filing the claim needs to provide various elements of a wrongful death claim. In order to win a case, the family members of the deceased must provide these four elements in order to win the case. The four elements of wrongful death claim include:
Negligence- The element is the proof of negligence under which the family members of the deceased need to proof that the death was caused due to negligence, carelessness, intentional harm or failure to act. If the family members are not able to prove this, then their road to wrongful death claim will become quite difficult.
Breach of duty- In order to win the wrongful death claim, you must prove that the defendant in the wrongful death claim owed a duty to the deceased person. For example, a car driver has the duty of road safety and is obliged to follow the traffic law. Doctors have the duty to maintain the good health of their patients. You must establish a way through which you can prove that the death of your loved ones was caused because the defendant failed to fulfill his duty which becomes the reason for the death of your loved one.
Causation- Along with proving that how the breach of duty by the defendant lead to the death of your loved one, you also need to prove that how the negligence become a major reason for the death.
Damages- The last element of proof requires you to show that the death of your loved one caused you quantifiable damages like hospitalization, medical bills, funeral and burial expenses, etc. The quantifiable damage can also include loss of protection and earning along with pain and suffering of the deceased person before his death.
Choose the right wrongful death lawyer
Choosing the right wrongful death lawyer can mean the difference between your case going to court or the risk of it being rejected. Offshore accident lawyers Lake Charles say that the selection of a good lawyer plays a key role in winning wrongful death lawsuits and that’s why one should never choose a lawyer in hurry.
If your loved one has died because of wrongful death then you can file a lawsuit against the party responsible for recovery of financial loss, pain, and suffering. It is always a good idea to hire the best wrongful death lawyer to help you better understand your situation before going to court.