Knowing whether you have a viable claim for compensation after the death of your loved one can be confusing. A wrongful death lawyer can assist you in answering this question.
Generally, to have a claim for wrongful death, you must show that a third party’s negligence or intentional actions resulted in the death of your loved one and you suffered damages.
To prove a defendant’s liability, you must satisfy the elements of negligence. These include:
Duty: The defendant owed your loved one a duty of care.
Breach: The defendant’s actions or omissions resulted in a breach of their duty.
Causation: The defendant’s wrongdoing was the cause of your loved one’s death.
Damages: You and your family suffered damages following your loved one’s passing.
For example, if your loved one died in a fatal car accident, you will have to prove the responsible driver caused their death. They owed your loved one a duty of care because drivers must drive responsibly. Perhaps they breached their duty by driving under the influence of alcohol. Drunk driving was the direct cause of the accident and the fatality, and you suffered various monetary and non-monetary damages as a result.
To determine whether you have a valid claim, you should always consult with a wrongful death lawyer. An attorney can thoroughly investigate your claim and provide guidance concerning the matter.