If the negligence or misconduct of a person or entity causes the death of a person, the family of the deceased has the right to sue the person(s) responsible for the wrongful death of their loved one. The rights of the family of the deceased are outlined in the Wrongful Death Act which grants the deceased’s spouse, parents, children and even grandparents the right to sue for wrongful death of their loved one.
From road accidents to premeditated murder, a wrongful death claim can be filed in any case which involves the death of a person due to the negligence or misconduct of another person or entity. Although filing a claim might seem quite simple, establishing liability in court can be quite difficult without the assistance of an experienced wrongful death lawyer.
How can you establish liability in Wrongful Death Claims?
Establishing liability in a wrongful death claim can be quite a cumbersome task but with adequate preparation and proof, you can get rightful financial compensation. In order to establish liability in a wrongful death case, you need to focus on four main elements all of which are correlated to each other. The first element of your case is establishing the breach of duty. This can be proved by demonstrating that the defendant had a duty of care for the deceased. For example, a surgeon has the duty towards his patients or a bus driver has the duty to follow the law and drive safely.
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Most common causes of a wrongful death
There are several situations where the negligence of certain people can lead to the wrongful death of a person: Medical malpractice in healthcare institutions where the negligence of healthcare staff can potentially kill someone. Or auto accidents where the recklessness of drivers can result in loss of a human life.
If your loved one lost his life due to the negligence or reckless of someone and you wish to know more about this subject, contact the offices of Mary Ann Covone at (708) 2464911 to schedule a free consultation with an experienced wrongful death lawyer.