The legal term wrongful death defines the death of a person due to the negligence of another person or entity. This serves to protect the family members of the deceased person, so they can receive compensation for the emotional and financial damages they might face as result of the death. The common causes of wrongful death include:
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Birth injuries
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Product defects
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The key elements of a wrongful death lawsuit
There are four factors that are considered in a wrongful death lawsuit. The representative of the deceased person is required to prove each element to be true in order to receive compensation for the wrongful death. These include:
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Negligence: The personal representative or close members of the deceased victim must provide evidence that the cause of death was the negligence and recklessness of the person the claim is filed against.
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Breach of Duty: In order to get your wrongful death claim approved, it is important to prove that the defendant owed a responsibility to the deceased person. For instance, it is the driver’s duty to drive responsibly and abide by the traffic regulations. The judge and the jury decide where the defendant was supposed to act responsibly but failed to perform his duty and their reckless actions resulted in the death.
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Causation: Apart from demonstrating how the defendant breached his duty towards the victim, the representative is also supposed to prove how the recklessness of the defendant caused the death.
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Damages: To receive compensation, it is also important to demonstrate the damages the wrongful death resulted in for example financial burden due to hospitalization and medical expenses, funeral costs and loss of potential earnings- as well as loss of protection, sorrow and mental suffering of the surviving relatives and the pain the victim had to go through before dying.
In order to prove these elements in your wrongful death lawsuit, it important that you refer to a qualified wrongful death lawyer who can produce strong evidence and witness testimony to help your case.
Contact a Hinsdale Wrongful Death Attorney Today
Mary Ann Covone, has over 23 years of experience representing victims of serious injury and wrongful death in Chicago and surrounding areas. If you have lost a loved due to someone else’s negligence, it is very important you contact a seasoned and knowledgeable attorney immediately. Call today at(708) 246-4911 for a free consultation.