Losing a loved one due to someone else’s negligence, recklessness, or deliberate behavior is an overwhelming event.
When you’re dealing with such a great loss, taking legal action may be the last thing on your mind. In addition, to the substantial emotional pain losing loved one, many families are now faced with significant financial difficulties now that the deceased is gone. Compensation from a wrongful death lawsuit can help to reduce the financial burden.
Wrongful death cases are civil actions brought by the survivors of an individual who has passed away due to the negligence, recklessness, or deliberate behavior of another. The law allows the decedent’s family members to file a wrongful death lawsuit for damages. The purpose is to provide compensation for relatives who depended upon the deceased for financial and emotional support.
When negligence, recklessness, or deliberate behavior results in a fatality of a loved one, the at-fault party may be liable for wrongful death. A person is negligent when they fail to behave how a reasonably prudent person would have behaved under similar circumstances. To establish negligence, you must prove the following:
- the individual had a duty of care to the deceased person
- their behaved or failed to behave how a reasonably prudent person would have behaved under the circumstances
- their actions directly caused the injury or death of the deceased person.
Typically, widowed spouses, children, and parents are entitled to recover damages in a wrongful death case. To determine appropriate damages, courts will consider the relationship between the survivor and the deceased, the amount of the deceased’s net income available to the survivor, the replacement value of the deceased’s services, and the life expectancy of all parties.
Whether your case goes to trial or is resolved through a settlement, we will work diligently to provide you with some financial relief. Call us now for a FREE CASE EVALUATION.