Wrongful Death Claims

Posted by on Jan 19, 2019 | 0 comments

The death of a loved one is bound to be a challenging and heart-wrenching experience.  It can be even harder to cope when their death is the result of someone else’s negligence and could have been avoided.  If this situation sounds familiar to you, you may need the help of a personal injury attorney to file a wrongful death claim.

There are many different types of wrongful death claims – some examples include a victim that was killed intentionally, car accidents that occur as a result of negligence, or medical malpractice (like failing to diagnose or diagnosing incorrectly or providing dangerous treatment). Wrongful death claims can spring from many different personal injury cases – and most often result in compensation.  That’s why it’s important to contact an attorney as soon as possible if you believe your family member or loved one died as a result of someone else’s negligence.

Most people who file wrongful death claims or pursue wrongful death lawsuits seek compensation for their suffering in the form of loss of inheritance and/or any money required for funeral proceedings or settling affairs.  In order to receive the money that you are so entitled, however, requires quite a bit of evidence. You must prove that your loved one was not at fault for their death and that someone else is to blame. Most often, you must consider if the accused had a duty that they did not carry out that resulted in death.  

Some more specific damages that occur because of a wrongful death are the value of services that your loved one would have provided, the medical costs before the injury became fatal, the burial costs, the loss of companionship or family, and any pain and suffering experienced by the deceased before their death.  Claiming any one of these damages can lead to monetary compensation, but this can be difficult to obtain without an attorney. That’s why after my cousin’s death, I found The Villages personal injury attorneys of the Glover Law Firm. A lot of the information on their webpage led me to make my own claim and from there I received compensation for medical expenses and more.  A lawyer can be really helpful if you’re like me and don’t have a complex understanding of the law.

An attorney can help you gather sufficient evidence to make your claim and alleviate stress as you mourn the death of your loved one.  For wrongful death cases, you will essentially need to prove that the Defendant owed a duty of care, that there was a breach of this duty of care, and proof that this breach directly resulted in a death.  For example, even if a truck was speeding or not paying attention to the road in an accident, you must prove that this was the specific action that caused the death and not something like mechanical failure. If you can’t prove this negligence, or prove that no other causes were responsible for the death, most often you will not receive compensation and reimbursement.  

 

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