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Monday, July 4, 2022

Defense Tips To Wrongful Death Claims

DisputeDefense Tips To Wrongful Death Claims

It is difficult to deal with the sudden death of a family member no matter the cause of the death. However, it is even more upsetting if the death was due to the negligence of someone else.

It is hard for the family of the deceased to move on after the death. Nothing you can do can help relieve the pain of the family during difficult times. You cannot use the money to ease the pain.

However, money can help reduce the burden on the family of the deceased. If the family gets money, they are more likely to become financially secure.

If one of your family members dies because of the negligence of someone else, the law allows your family to make a wrongful death claim. You can make a wrongful death claim if someone else causes an accident and the person dies because of that accident or if the deliberate actions of someone else cause the death of the person, such as manslaughter or murder.

The family of the deceased should hire a skilled wrongful death attorney to help them file a wrongful death suit. The lawyer can help the family get the compensation they rightfully deserve. If you lost your loved one in the Miami area due to wrongful death, you might want to hire a lawyer to help you seek compensation. A person is also entitled to a wrongful death defense attorney.

What Is A Wrongful Death Claim?

A wrongful death suit is a criminal charge brought against the person responsible for the death of another person. A criminal charge is different because it is punitive. This means it is used to punish the at-fault person. The punishment is usually imprisonment and/or fines.

However, a criminal charge does not compensate the family of the dead person for their losses. Therefore, the family still needs to file a wrongful death claim to receive compensation for their losses.

Who Is Involved in a Wrongful Death Claim?

The plaintiff is the person bringing the wrongful death claim. The defendant is the person who the plaintiff is accusing to have caused the wrongful death. The plaintiff can be a family member of the dead person. The person files a wrongful death claim on behalf of the family members. And the plaintiff will become a personal representative or executor of the estate if the dead person left a will.

What Do You Need to Prove in a Wrongful Death Case?

A wrongful death case needs to have various elements for the case to stand a good chance of succeeding. Here are the elements you need to prove:

Duty of Care – The plaintiff needs to prove the defendant owed the dead person a duty of care. It is a must to prove the defendant was responsible for protecting the deceased. For instance, a doctor owes a duty of care to all of their patients, so the doctor needs to prescribe the correct medication to their patients. Drivers owe a duty of care to both drivers and pedestrians, so the drivers need to drive safely and follow the traffic rules.

Breach of Duty of Care – Once the defendant establishes the at-fault party owed a duty of care to the dead person, the defendant needs to prove that the actions of the defendant violated the breach. For example, if the doctor prescribes the wrong medication to a patient and the patient dies because of the wrong medication, then this is a breach of duty of care. If a driver texts while driving and causes an accident and someone dies because of the accident, then there is a breach of duty of care.

Causation – The plaintiff needs to prove the death of the person was due to the breach of duty. This means the death of the patient should be directly due to the malpractice of the doctor and the accident caused by distracted driving led to a fatality.

These are the common elements in all personal injury cases. Wrongful death cases are almost the same as personal injury cases. However, in a wrongful death case, the accident led to the death of someone while in a personal injury case, the accident led to an injury.

What Is Awarded in a Wrongful Death Claim?

The living family members of the deceased person will receive damages. The damages are related to the death of their loved ones. And the damages can either be monetary or non-monetary.

It is easy to calculate the monetary damages, including funeral expenses, medical expenses of the dead person, and the loss of inheritance. It is difficult to calculate non-monetary damages, including loss of consortium, loss of parental guidance, pain and suffering, etc.

Get in Touch With a Wrongful Death Lawyer If You Lost Your Loved One

If you just lost one of your family members because of intentional actions or negligence of someone else, then you need to get in touch with a lawyer immediately. It is better to hire a lawyer to address the incident and file a wrongful death claim on your behalf. Having a lawyer can ease the pain of dealing with the sudden death of a loved one. It can even help you save money. You are more likely to get the compensation your family rightfully deserves if you hire the right wrongful death lawyer.

Tip at the end: Inmate Lookup makes it easy to learn about your family members, neighbors, friends, or coworkers serving time in a jail or prison in the United States with a free inmate search.

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