A wrongful death is a legal term describing the death of an individual caused by another either negligently or through intentional harm. Usually, the surviving members of the victim’s seek a wrongful death claim or lawsuit to obtain compensation for their emotional and financial damages.
Elements of a Wrongful Death Lawsuit
The plaintiff must prove each of the following elements in order to bring a successful wrongful death cause of action:
- A death must have resulted from the incident
- The death of the victim was caused by the negligent actions of the defendant
- The death has directly affected you and/or other members of the victim’s family
- The death has caused financial hardship for the survivors
In order to prove these points in court, convincing evidence as well as expert witness testimony are required. Note that it should be presented by a skilled attorney specializing in wrongful death cases for obtaining the justice and compensation for your suffering.
Damages in a Wrongful Death Lawsuit
Damages in wrongful death include:
- Deceased’s pain and suffering prior to death
- The medical expenses that the victim incurred as a result of the injury prior to death
- The loss of support and services that the deceased would have provided
- The loss of inheritance if any
- Funeral and burial costs
Considerations When Hiring a Wrongful Death Lawyer
While hiring a personal injury attorney for a wrongful death claim, review their qualifications and bar certification. Also review the aspects such as the area of practice or specialties, litigation, experience etc of their legal practice to ensure you are hiring the right person for your claim.