The aftermath of circumstances that result in a wrongful death can be devastating for a family. Determining if a lawsuit should be pursued can add even more stress. So to help you determine if you have enough for a wrongful death case, we’ve laid out a few elements that must be present.
Death
While this may seem obvious, the death of a human being must be present for a wrongful death case.
Cause
The death of the victim must have been caused by the negligence of someone or there must have been intent to cause harm.
A few situations that may result in wrongful death are medical malpractice, auto/airplane accident, exposure to hazardous situations on the job, and criminal activity. Essentially, a wrongful death claim can stem from most personal unjust situations.
Damages
In order for there to be a wrongful death case, you’ll need to prove that the defendant owed the victim a duty of care, that the defendant breached that duty, that the breach of duty was a direct cause to the death, and that the deceased left behind family members who are suffering monetarily as a result of the death.
These damages for which one can receive compensation include:
- Victim’s pre-death pain and suffering
- Medical costs
- Funeral and burial costs
- Loss of deceased’s income
- Loss of inheritance
- Value of services that deceased provided
- Loss of care, guidance, or nurturing
- Loss of love or companionship
- Loss of consortium
Representation
Lastly, there must be a personal representative who has been appointed over the estate of the deceased.
If you think you have a wrongful death suit, contact the lawyers and Merrill, Merrill, Mathews, and Allen today.