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The 4 Elements of a Wrongful Death Lawsuit

What is a wrongful death lawsuit? Basically, this is the type of lawsuit whose aim is to get compensation in the case of a wrongful death. More specifically, if a person you love has lost his/her life due to another person’s negligence, this would facilitate the background for such a lawsuit.

As a victim of a wrongful death lawsuit, you have the right to get compensation for economic and non-economic damages. In general, the financial compensation obtained through the lawsuit is transferred to the family of the deceased – namely the wife/husband, children, so on and so forth.

With that in mind, though, what are the elements that create a successful case of wrongful death lawsuit? Let’s have a closer look.

First Element: The Duty of Care

First, when it comes to a wrongful death lawsuit, an essential element is the duty of care. What does this refer to? This is the duty of care from the defendant to the deceased. In the case in which a person owes you a duty of care, you expect that person to act in a responsible manner, thus avoiding causing any accidents.

For example, in the case of pedestrian accidents, the driver has a duty of care to drive responsibly, thus, avoiding harming pedestrians.

Second Element: The Breach of Duty

After establishing the duty of care, the second element is that of the breach of duty. At this point, you have to demonstrate that the defendant breached the duty. Let’s assess the driver example, once again. If one drives at an illegal speed, or one drives under the influence, that would mean that the person can be accused of breaching his/her duty of care.

This is, supposedly, one of the most critical components.

Wrongful death lawsuits tend to get rather complicated and legally complex. This is why it is essential for families and "survivors" to get experienced legal advice and representation. Only in this way can "survivors" understand their rights and therefore have a greater chance of obtaining the compensation they deserve - states personal injury attorney Erik G. Abrahamson – a highly experienced wrongful death attorney.

Third Element: The Causation and Fault

Moving on, demonstrating that a person breached his/her duty isn’t sufficient. One has to point out how this triggered the victim’s death and the connections between these two. In other words, the attorney must indicate the way in which the defendant’s action led to the event that caused the death of the victim.

Fourth Element: The Damages Suffered

And finally, the damages suffered represent another critical element in such a lawsuit. Damages could be of economic or non-economic nature, as following: funeral costs, medical costs, burial costs, hospitalization, future wages, guidance, and emotional distress, so on and so forth.

To conclude, these are the critical elements that comprise a wrongful death lawsuit. After acknowledging these, you can determine if you have the right to obtain financial compensation or not. Once again, we couldn’t stress enough the importance of appropriate legal representation for such complex legal cases.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.

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