How Can We Tell Who Was Responsible for My Loved One’s Wrongful Death?
- Thursday, 30 October 2014 16:22
When a family or friend dies, all of his or her loved ones mourn the loss and begin to learn how to live without the deceased; but when the death is due to someone else’s mistake, the healing process can take much longer.
Wrongful Death: Definition
- noun, Law.
the death of a person wrongfully caused, as comprising the grounds of a damage suit.
When someone’s death can be legally proven as the fault of another person, entity, or company, wrongful death has taken place. A wrongful death claim includes all kinds of fatal accidents, whether they happened on the road, on the job, or on an operating table.
This type of claim, while difficult for all involved, is capable of achieving justice those with a loss.
Wrongful Death: The Case
It can be difficult to prove negligence and responsibility in a wrongful death case, but to do so certain elements must exist:
- A representative of the deceased’s estate or the deceased’s next of kin must bring the lawsuit.
- Proof that a human being has been killed prematurely must be provided.
- Proof of negligence by another or with intent to cause harm must be provided.
- Proof the negligence or wrongful act actually caused the person’s death must be provided.
The survivors and those able to file a wrongful death lawsuit, can include:
- All persons who suffer financially
Some states allow those who are not related to the decedent, but who financially suffer loss, to file suit.
- Immediate Family Members
This includes spouses, children, and parents of children not yet married.
- Financial Dependents
Anyone who was financially dependent on the deceased may sue for wrongful death.
- Distant Family Members
Depending on the circumstances, other family members outside the immediate family may be included.
Call Us at 503-233-6507
If you have lost a loved one in an accident, our experienced wrongful death lawyers will take the time to listen to your concerns and provide an honest evaluation of your case.
Our attorneys have the experience to investigate your case and diligently pursue the benefits you are entitled to. With our knowledgeable staff, we’ll evaluate your situation and calculate your next steps. Let us help.
To schedule a free, no-obligation consultation, please contact us at 503-233-6507 or by e-mail.