Unrivaled Reputation And Experience In Personal Injury Law

Elements of a wrongful death claim

On Behalf of | Nov 29, 2022 | Wrongful Death |

You could be entitled to compensation if you lost a loved one from the negligent actions of another party. However, you must first bring a wrongful death claim.

But, how do you know when your loved one’s death was “wrongful” or not? Below are the essentials of a wrongful death claim:

A duty of care was owed to the victim

First, the negligent party must have owed your loved one a duty of care. Such a legal obligation to ensure the safety of others can arise in various situations. For instance, drivers must take reasonable steps to avoid harming other road users. Similarly, property owners must ensure safe conditions at their premises.

That duty of care was breached

Once you establish the duty of care owed to your loved one, the defendant must have neglected it through their actions or inactions. A breach of the duty of care owed is legally referred to as negligence, and it is among the most crucial aspects of your claim.

That breach caused the harm 

Linking the other party’s negligent acts to your loved one’s death is the next bit. Their failure to exercise reasonable care must have directly resulted in the wrongful death for a valid claim.

You have suffered losses as a result of your loved one’s death

Your claim may not be compensable if you did not suffer any damages. There must be proof that you suffered losses or harm from your loved one’s death. Such damages include emotional pain and suffering, loss of companionship and the economic gap left by your loved one.

It helps to reach out for assistance when building your case, given that wrongful death claims can get complicated. Understanding what you need to do will protect your claim and increase your chances of success.

Member of The National Trial Lawyers | Top 100 Trial Lawyers
The National Trail Lawyers Top 40 Under 40
10 Best 2016 | Client Satisfaction | American Institute of Personal Injury Attorneys
Best Lawyers Best Law Firms | U.S. News & World Report 2018
Loading...
FindLaw Network