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How To Bring A Wrongful Death Case

Posted by Jess A. Lorona | Mar 18, 2018 | 0 Comments

wrongful death case

Losing a loved is often one of the hardest things a person endures. If a loved one dies at the fault of another party, then the surviving family members may have a wrongful death case. A wrongful death lawsuit can hold the responsible party liable for the damages, and entitle surviving family members to compensation for damages and losses. Losing someone can be very painful and expensive ordeal. Although nothing can take away that pain, a wrongful death lawsuit may help alleviate some of the financial burdens and stresses caused by the death of a loved one.

Wrongful Death

When a person's death is the direct result of either another party's negligence, careless or intentional actions, or lack of action that could have prevented the death, then the death can be considered wrongful. In such case, the surviving family members are able to bring a wrongful death case in order to claim damages sustained as a result of the decedent's death. Wrongful death claims are often complex and difficult to navigate. IN addition, the laws dictating wrongful death statutes vary by state. For these reasons, it's important to contact an experienced wrongful death lawyer in your areas as soon as possible. They will be able to review the situation and determine the best course of action. In addition, they can help you make a valid claim and build a strong case.

Types of Wrongful Death Cases

This can occur in a number of situations, and is more common than most people would think. In most cases, the accident and death may have been unintentional, however, if it could have been prevented, then it might be considered wrongful. The following are the most common types of wrongful death cases:

  • Auto accident
  • Medical malpractice
  • Public transportation accident due to faulty work or equipment
  • Work accidents resulting from safety concerns not addressed by the employer
  • Murder
  • Plane accident at the fault of the pilot's negligence

Proving Negligence

In order to win a wrongful death case, the following elements must be proven:

  • The decedent's death was caused directly by the negligence of the other party
  • The death resulted in monetary damages that have financially impacted a surviving loved one or family member
  • Surviving loved ones or family members were financially dependent on the decedent

Who is at fault?

After an accident occurs that results in the death of a loved one, it's important to determine who is at fault. As long as negligence can be proven, then the at-fault party can be determined. This can be either a single person responsible for the accident, or a company whose negligence resulted in the accident. For example, if a drunk driver caused the accident that killed someone, then they will be named the defendant in the lawsuit. If an work accident kills an employee as a result of unsafe working conditions, then the employer or company can be named in the lawsuit.

A wrongful death lawyer such as the wrongful death lawyer Phoenix, AZ locals trust can help you determine who is at fault in an accident and help provide evidence of that person's negligence. Hiring a lawyer can be vital to ensuring all requirements are met, a strong case is made and potential problems are avoided. In addition, they can relieve you of unnecessary stress so you can focus on family and grieving in these hard times.

About the Author

Jess A. Lorona



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