An overview of Wrongful Death Claims
Wrongful death is a term that describes the death of a person that is caused by the negligence or recklessness of another entity or individual. Typically, the family members of the deceased person can seek a lawsuit or wrongful death claim so that they can be compensated for their financial and emotional damages.
Even though each state has its own rules about who can claim the compensation, in most cases, the immediate family members, spouses, parents, children and persons who suffer financially as a result of the death of the victim can claim the damages.
Common Causes of Wrongful Death
Causes of wrongful death can vary from auto accidents to chocking, but the common causes include:
- Truck accidents
- Automobile accidents
- Medical malpractice
- Pedestrian & Bicycle accidents
- Work-related accidents (Workers Compensation)
- Product liability and
- Criminal acts
Elements of Wrongful Death
In order for the family members of the deceased to have a strong case and a higher chance of winning the lawsuit, they will need to have evidence and definitive proof of each of the following elements.
- The legal representatives or surviving members should prove that the death of their loved one was caused by negligent, recklessness or careless actions of the defending party.
- Breach of duty. In order to have a strong case, the plaintiff must prove that the defendant owes a duty to the deceased person, for instance, a truck driver maintains a duty to obey traffic laws and drive safely.
- The family members must then prove how the death of their loved one was caused by the defendant’s negligence. Using the above example, the plaintiff will have to prove that it was the defendant’s truck that struck the deceased.
- Proving damages. Other than proving how the defendant’s negligence caused the death of their loved one, the family members should show how the death of the victim generated quantifiable damages such as medical expenses, loss of protection, hospitalization, burial and funeral costs, potential earnings and loss of income before death.
Get the Compassionate Care You Deserve, contact Hilton & Somer, LLC Today!
If you have lost someone you love in an accident caused by another individual’s negligence or a company’s negligence, help is available. Call the Virginia Wrongful Death Attorneys at Hilton & Somer, LLC to speak to a compassionate attorney today. Our lawyers practice in Virginia, Maryland, and Washington, D.C. Call us today to receive your free consultation. You can reach us through our online contact form, or by calling (703) 560-0700.
