When you lose a loved one from another person’s negligence, you need to hold the responsible party accountable. One way to do that is through a wrongful death claim. Like other personal injury actions, wrongful death claims have to be established based on the unique facts of a case, and each element of the case has to be proven for success.
Here are the crucial elements of a wrongful death claim:
Negligence
Essentially, you need to show that the negligent party owed your loved one a certain duty of care and that they failed to uphold that. A duty of care can be as simple as one motorist’s obligation to the rest to obey traffic rules, or it can be a surgeon’s obligation to give their patient their undivided attention during care.
Furthermore, you need to connect the negligent act to your loved one’s death. It’s that connection that gives you the right to hold the other party responsible.
Damages
After proving negligence, you need to show the damages you, the family of the deceased, have suffered as a result of your loss. Damages can be economic or non-economic and may include things like:
- Lost wages or contributions to the household
- Emotional pain and suffering
- Loss of consortium, among others
Getting justice after a wrongful death
You deserve compensation after a wrongful death, but the amount of the settlement package depends on how you handle the claim. It’s not easy to understand the mechanics of a wrongful death claim on your own, and you cannot expect the other party’s insurance company to guide you.
Steven Morgan is a local attorney who takes advocacy for every client seriously. Call today at 912-289-0640 or send us an email for more information about how a wrongful death claim can help your family move forward.
