What makes or constitutes a wrongful death case

A wrongful death claim is brought against a defendant when they have caused the death of someone either by being negligent or by intentionally harming them. The claim is usually filed by the estate of the deceased person against the party that is liable for the death. The representative of the estate is the one who usually files on behalf of the surviving family members and other affected parties. The settlement amount is determined by measuring the amount of pecuniary injuries. Pecuniary injuries is defined as containing the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Pecuniary damages also takes into account the age and condition of the decedent, his/her earning capacity, life expectancy, health, and the circumstances of the distributees.

Negligence can be defined as several things such as medical malpractice, automobile or airplane accident, occupational exposure to hazardous conditions or substances, and criminal behavior and death during a supervised activity. Another aspect of a wrongful death case that needs to be proven in order to get financial compensation is breach of duty.
Breach of duty is the defendant’s failure to fulfill the duty that he/she had to the decedent. The plaintiff has to establish what this duty was and whether the defendant violated it by being negligent as well as being the cause of the death.
Causation proves that the defendant’s actions directly caused the death of the decedent. Finally, the lawsuit has to show that the death caused quantifiable damages.
Damages to the estate of the family include hospitalization, medical expenses, funeral and burial costs, loss of income and potential earnings, loss of protection, guidance and inheritance along with pain and suffering of the victim prior to death.

The entire civil action process can be exhausting and complicated, so it is essential to hire a reputable and experienced lawyer that can improve your chances of receiving an appropriate settlement. The Law Office of Martha Dahdah uses strong communication skills along with their round the clock phone answering to make sure you feel fully represented. Call The Law Office of Martha Dahdah today for your free consultation!

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