Wrongful Death Claims and Auto Wrecks

While death is often sad, regardless of the cause or circumstances, a wrongful death is more painful. This is because it occurs due to the negligence of another person who owed the deceased a duty of care. There are three kinds of people that can file a wrongful death claim. The first is the spouse of the deceased victim. The second is the parents of the deceased while the third is the child or children of the deceased. A wrongful death claim can seek compensation for financial and emotional damages. If your spouse, child or parent has died due to the negligence of another person, you should hire a wrongful death lawyer to help you seek settlement for a fatal car accident.

Wrongful Death Claims and Auto Wrecks

If a drunk or careless driver caused an accident that led to the death of a pedestrian, motorcycle rider, the driver of another vehicle or their passenger, the relatives of the deceased can sue the at-fault driver for wrongful death in a bid to get some form of justice for their loss. It is important to note, however, that the relatives of the deceased must prove that the driver was at fault. To prove a wrongful death claim, you need to prove the following:

i) Negligence

The plaintiff must give evidence proving that the negligent, careless, or reckless actions of the defendant caused the death of their loved one, either in part or one hundred percent.

ii) Breach of Duty

Secondly, the plaintiff must prove that the defendant owed the deceased a duty of care. After giving the necessary evidence, the plaintiff will also need to prove that the defendant breached that duty. It is important to note that drivers have the duty to follow traffic rules and drive responsibly. This means that driving while intoxicated, speeding, reckless driving of failure to stop at a stop sign is a breach of duty. The accident report made by the police will help the plaintiff to prove this breach of duty.

iii) Causation

Breach of duty does not always lead to fatalities or injuries. The plaintiff, therefore, must prove that the breach of duty led to the accident that resulted in the death of their loved one. Medical reports and the accident report can help to prove causation. Testimonies from the attending doctor and accident investigator may also help to prove this.

iv) Damages

To get a settlement, the plaintiff must prove damages, whether financial or emotional. Medical bills from hospitalization, funeral expenses, lost income, loss of protection, potential earnings and inheritance, and loss of guidance must become clear. Fortunately, a competent wrongful death lawyer knows know to prove all these.

Sources:

  1. https://en.wikipedia.org/wiki/Wrongful_death_claim
  2. http://www.bsfdea.com/elements-of-wrongful-death/