What Constitutes a Wrongful Death Claim?

What Constitutes a Wrongful Death Claim?

One of the most emotionally traumatic events is the death of family member caused by the negligent conduct of some other person. Legally, an accident that result in the death of another individual can result in what is known as a wrongful death claim.

If you have lost a family member in an accident caused by the negligence of some other party, you need to understand your legal rights and how to pursue a wrongful death claim. In addition, you need to understand the crucial importance of retaining the services of a skilled, capable, and experienced wrongful death lawyer.

The Elements of a Wrongful Death Claim

  1. There are four primary elements associated with a wrongful death claim. The first element is what legally is known as a duty of care.

A duty of care imposes on a party the responsibility to exercise reasonable care. For example, a person has the duty to operate a motor vehicle with reasonable care on a public roadway.

  1. The second element of a wrongful death case is demonstrating a breach of a duty of care. An example of a breach of a duty of care is a person speeding while driving an automobile.
  1. The third element in a wrongful death claim is establishing what legally is known as proximate cause. Proximate cause is a legal term that means the conduct of a party must be the legal and actual or factual cause of an accident and the associated injuries.
  1. Finally, the last element of a wrongful death case is a person making a claim must have suffered real injuries, damages, or losses. Injuries, damages, or losses cannot be merely speculative.

A skilled, seasoned wrongful death attorney understands the strategies to employ to satisfy the four elements associated with pursuing a wrongful death case. Each of these elements must be proven in order for a wrongful death case to succeed.

Family Members Who Can Pursue a Wrongful Death Claim

When it comes to the foundation of what constitutes a wrongful death claim, only certain family members can pursue this type of legal remedy. The laws of each individual state in the United States establish which family members of deceased person can pursue a wrongful death case.

Examples of family members who are positioned to pursue a wrongful death claim include spouses, children, parents, and, in some instances, siblings. In some states, the estate of a deceased individual can pursue a wrongful death case.

Compensation in a Wrongful Death Case

The compensation possible in a wrongful death case is governed by the circumstances and facts surrounding the accident. In addition, relationship between the deceased person and the family member seeking justice is part of the evaluation.

With this in mind, some of the types of losses for which a family member seeks compensation in a wrongful death case include last medical bills, funeral expenses, lost income or support, and lost companionship. In some cases, punitive or exemplary damages may be awarded in a wrongful death lawsuit.

Punitive damages are additional compensation awarded in a wrongful death lawsuit when the conduct of the party causing the accident in question is deemed particularly reckless or egregious.

Retain an Experienced Wrongful Death Lawyer

The first step in hiring a wrongful death lawyer Minneapolis MN relies on is what is known as an initial consultation. Through an initial consultation, you obtain an evaluation of a case. In an initial consultation, you are able to present any questions you might have about your claim and about wrongful death law. As a matter of common practice, there is no attorney fee charged for an initial appointment with a wrongful death attorney.

Johnston Martineau PLLPThanks to our friends and contributors from Johnston Martineau PLLP for their insight into wrongful death cases.

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.


Other Resources
Truck Accident Lawyer DC | DC Car Accident Lawyer | Elizabeth, NJ Workers Comp Attorney | DC Personal Injury Attorney | Baltimore Automobile Accident Lawyer | Baltimore Motorcycle Accident Lawyer | Truck Accident Lawyer Baltimore | Baltimore Motorcycle Accident Lawyer | Baltimore Personal Injury Lawyer | Car Accident Lawyer Baltimore | Baltimore Personal Injury Lawyer | Baltimore Motorcycle Accident Lawyers | Baltimore Motorcycle Accident Lawyers | Baltimore Wrongful Death Lawyer | Defective Product lawyer Denver CO | Baltimore Motorcycle Accident Attorney | Car Accident Law Firm Indianapolis | Who is the Top Bankruptcy Lawyer in Cypress TX | Denver Motorcycle Accident Lawyer | Motorcycle Accident Lawyer Los Angeles CA


© COPYRIGHT 2024 CRIMINAL LAWYERS OF WASHINGTON, DC | POWERED BY SEO Marketing For Attorneys