What is Wrongful Death?

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Losing a loved one is hard enough, especially if their death was caused by negligence. A personal injuries attorney can assist you through the claim process to help you receive compensation for your losses.

Wrongful death claims can be difficult to navigate. During this stressful and emotional time, it is important to understand what the term wrongful death means, what your legal rights are, the types of damages you may be entitled to as well as the type of legal counsel you should be seeking.

What constitutes as a wrongful death?

A wrongful death is a type of personal injury case. When a person dies or is killed due to negligence or misconduct, it is known as a wrongful death. These types of deaths can be caused by medical malpractice, vehicle or transportation accident, exposure to dangerous conditions at work, along with many others.

Who can file a wrongful death claim?

After a wrongful death has occurred, survivors who had a relationship with the victim, such as spouses, parents, and children, have legal rights to file a claim. In other instances, a representative of the victim’s estate can also file a claim.

How to prove a wrongful death case?

During a wrongful death claim negligence, breach of duty, and causation must be established. In proving negligence with this type of personal injury claim, you need to supply evidence showing that the death of your loved one was caused by recklessness or carelessness.

Breach of duty means an action was breached due to negligence. For example, a doctor has a duty to care for the health of their patients and carelessness in doing so would result in a breach of duty. Causation is how the negligence caused the death of the victim.

What is the burden of proof?

The burden of proof is a term that will likely come up during a civil case. Unlike a criminal case where guilt beyond a reasonable doubt must be proven, in civil cases, a preponderance of evidence must be proven. This means at least 50 percent of the evidence must point to something and is considered the burden of proof for a civil case.

What type of damages can you receive?

There are different types of damages involved in a wrongful death case. These damages can include reimbursement for medical expenses incurred, funeral costs, loss of person’s expected income as well as loss of consortium.

Loss of consortium refers to the loss of companionship the victim provided the person filing the claim. This can be especially prevalent in cases where a child loses a parent at a young age.

I think I have a case, now what?

If you have lost a loved one due to negligence or recklessness and are interested in filing a wrongful death claim, it is important to choose the right attorney. Elsner Law Firm are experts in personal injury claims. The lawyers at Elsner Law Firm will work with you throughout the entire legal process to ensure you and your family receives damages and is not financially burdened from this difficult loss. From gathering paperwork to coordinating witnesses, we are here to help simplify the process for you. Contact us today with any personal injury case questions.

1 Comment

  1. I like how you talked about how the burden of proof will come up in a civil case of wrongful death. My dad is going into surgery and is all scared about it, so I’m researching things to help him calm down. Thank you for the information about how 50% of the evidence must point to something.

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