A wrongful death case is a claim against a person or entity for making a mistake that resulted in the loss of life.
Pain, anguish, and shock are what a family member feels when a loved one dies due to negligence. For this reason, it is essential to know how to proceed in these cases and seek the correct help from professionals.
The essential thing in these situations is to know the following points before acting:
The first part you need to do is evaluate and research the facts. There are three essential elements for a case to be considered a wrongful death, these are:
- Breach of duty. This refers to the fact that the defendant owed a duty to the deceased person that was not fulfilled.
- Cause. It is the direct connection between the breach of duty and death. You must be able to prove that the defendant’s action caused the death of the victim.
- Damages. Damages include financial loss, physical injury, and emotional damage.
Agreement with insurance companies
When passing the study process to confirm the case and confirm the responsibility of the accused, you must face the insurance companies. You must be extremely cautious at this point since insurers will generally seek to minimize compensation. You may have to fight to get a fair settlement.
Get a fair compensation
When it comes to wrongful death, a settlement is necessary so that the surviving family members can be compensated for the damages caused. In this case, there are three main types:
- Economic damages: Refers to compensation for the loss of future income of the deceased person, must cover medical costs before death and funeral services,
- Non-economic damages: are compensation for pain and suffering after losing a loved one.
- Punitive damages: They are a form of punishment towards the guilty person. In addition, they are generally a way to dissuade the culprit or other possible offenders from committing similar acts.
Going through these circumstances is traumatic and heartbreaking. Therefore, having the support and guidance of a specialized lawyer can be extremely valuable. A lawyer is in charge of offering the orientation and evaluation of the case to define an effective strategy and managing the process efficiently and professionally. Contact us if you find yourself in this situation. We can help you.