What is a Wrongful Death Case?
A wrongful death case is a legal action that is brought by the surviving family members of someone who has died due to the negligence or wrongful act of another. A wrongful death lawsuit seeks compensation for financial losses and other damages sustained by the surviving family members as a result of their loved one’s death – such as medical bills, funeral costs, and loss of future wages. It may also seek punitive damages to punish the responsible party for their actions that led to the victim’s death.
Qualifying Factors for Wrongful Death Cases
In order to prove negligence in a wrongful death case, certain elements must be present:
1. Duty: The defendant must have owed a duty of care to the decedent. For example, an employer owes their employees a duty of care to provide them with safe working conditions.
2. Breach of Duty: The defendant must have breached this duty of care through negligent acts or omissions that directly led to the decedent’s death.
3. Causation: It must be shown that this breach of duty directly led to the decedent’s death, resulting in damages suffered by their family members.
4. Damages: The plaintiff must show proof of actual damages incurred as a result of the decedent’s death such as medical bills, funeral costs, loss of future wages, etc., in order to receive compensation from any liable parties.
Who Can Be Held Liable in Wrongful Death Cases?
The liable party or parties can vary depending on the circumstances surrounding each case but typically involve employers, property owners, manufacturers or suppliers who are responsible for providing safe goods and services. Also, anyone else who had some legal responsibility over another person’s safety at any given time can be held liable for wrongful death if their negligence contributed to it.
Rights & Damages Claimable Under Law
Families affected by wrongful deaths are entitled to certain rights under law to seek justice after suffering tragic losses due to someone else’s negligence or wrongdoings. These rights include receiving economic damage compensation for medical bills and lost future income resulting from their loved one’s passing, as well punitive damages which are applied in cases where gross negligence or intentional harm ultimately led to someone’s demise.
Non-economic damages, such as emotional pain and mental anguish from losing a family member unexpectedly, may also be available. Families should speak with an experienced attorney about how best they can protect these rights legally and receive rightful compensation for all long-term losses incurred as a result of their loved ones passing away.
Let Our Wrongful Death Lawyers Assist You
No amount of money can ever replace what has been lost when a beloved family member dies suddenly due to someone else’s negligence or wrongdoing; however, understanding your rights under wrongful death law can help bring closure knowing that justice will be served. You can reach our wrongful death lawyers at (719)-633-2222 for a free evaluation of your case.