Losing a loved one in an unexpected and sudden accident is very difficult to accept, no matter the circumstances. In this situation, you might not know the appropriate decision or step that you can take, whether to drag the responsible person or you want to make a claim to secure your finances.
Wrongful death is a term that is defined as the death of an individual caused by another person’s negligence or unlawful act. It falls in the grey area that is mostly settled in a court by laws. Personal injury lawyers Lake Charles would help you investigate the case and protect your legal interest in this challenging time.
Table of Contents
Elements Of A Wrongful Death Lawsuit
To successfully fill a wrongful death lawsuit in the court, the following aspects must be present:
- The death of an individual
- Caused by another’s recklessness or negligence
- The family members are suffering financially from the deceased person (only breadwinner of the house).
There are some common examples of wrongful death cases that arise in several circumstances. All these cases require four essential elements to prove the wrongful death case. Some of the common causes of wrongful death include:
- Automobile or airplane accident
- Medical malpractice that results in death
- Criminal behavior or intentional killing
- Manufacturing defective product
- Death during a managed and supervised activity
- Workplace accident from any industry
- Occupational hazard and exposure
Outlining the aspects of wrongful death
Negligence is the first element that family members of the deceased person must prove in the court that another party’s negligence, carelessness, and recklessness directly cause their loved one’s death. Plaintiff, the person who files the lawsuit, should be confident about the wrongful accident that shows the decedent was not carefully doing his work or any intention was there that resulted in death.
Breach of duty
Next, the plaintiffs or family members will need to prove that some duty is owed to the deceased party breached by the decedent’s reckless and careless behavior. For example, the motorcyclist must maintain a responsibility to drive safely and follow the traffic laws to remain safe from hazardous situations.
The next step is causation to prove the act of negligence and breach of duty that was the cause of the wrongful or intentional death of their loved one. This cause proves that normal circumstances can not cause this type of accident. Here, plaintiffs can show the decedent’s particular action that caused the wrongful death with an experienced and professional attorney’s help.
Damages in a Wrongful Death Lawsuit
The victim’s death cause pecuniary injury is the primary measure of quantifiable damages in wrongful death litigation. Courts have interpreted financial or monetary injuries, including loss of services, support, protection, pain, suffering, lost prospect of medical and inheritance, loss of potential earnings, and funeral expenses.
Finally, adding up the damage award that brings the family’s interest and their final settlement amount.
The accident is a standard part of everyone’s life, but sometimes it gives a tragic result that is hard to believe. With these four aspects, you can begin to prove wrongful death in their case in court, but this process is a little tricky to understand.
In this situation, taking the step is everyone’s priority, But fighting with unprofessional skills may affect your case. Here, you need to hire professional and skilled Personal injury lawyers lake Charles based that not only present your case in the court in an effective manner but collect definitive proof and evidence that can make your case more powerful.
So if you are looking for Personal injury lawyers lake Charles based you know what to keep in mind.