The most painful incident in life is losing a loved one due to a negligent act. The neglect may encompass a lack of care from anyone expected to exercise a certain degree of care when dealing with people.
Everyone, including professionals like doctors, is expected to exercise the duty of care. Whenever they neglect this provision and do something that leads to death, the act is classified as wrongful death.
The success of your case depends on how you define everything and prove that the case meets all requirements. The best approach is to rely on an experienced law firm, like Dormer Harpring, to get help with what you need.
Rather than gambling with case details, here are some questions you may have about wrongful death cases along with their answers.
1. What is the Legal Definition of Wrongful Death?
A wrongful death is a compound term used to refer to death caused by an accident attributed to recklessness and negligence. In simple terms, it is intentional or unintentional acts that lead to the death of someone.
You will be compensated for your loss and damages once everything is finalized. The compensation may be financial or just and non-economic compensation for such incidents.
2. Who Can Legally File the Lawsuit?
First, you must prove that you are the next of kin or directly related by blood to the deceased. This may include their children, spouses, siblings, and parents.
In some instances, the legal guardians or someone with some legal proximity can bring the case and seek compensation for the loss. Whoever brings the charges will depend on the circumstances and degree to which one is close to the dead.
3. What Damages Can Be Recovered?
The damages recovered can be classified into three broad levels.
Economic damages include funeral, burial, and other expenses directly associated with the death. You can also claim loss of wages due to the death or the efforts and time you had to spend with the deceased before succumbing.
The second is non-economic damages, which are not quantified. However, once the damage is proven, a financial value can be attached to it.
The third is punitive damages, which are punishments that target the defendant. Once you prove the defendant can cause more harm, the plaintiff may file for jail time for the cause of the death.
4.What are the Limitations to Anticipate in this Case?
You also need to adhere to the time frames. For instance, most states will hardly accept such cases three years after the occurrence.
Another possible limitation is who qualifies for benefits or files these cases.
5. What Should You Prove?
Before you file the case, you must first prove that the defendant neglected the duty of care and responsibility leading to the death. This is encompassed under the breach of duty of care and negligence to meet all professional responsibilities.
Next, you must prove that the breach of duty, mainly a negligent act, led to the accident that caused the death.
Conclusion
Winning these cases depends on how well you articulate the requirements. You must prove the defendant’s negligence and show the extent of damages you suffered. With all these in mind and with help from legal experts, winning these cases becomes easier.
Source: Dormer Harpring Law, Denver, CO
