The unexpected death of a loved one is something that is extremely difficult to cope with, no matter the circumstances.
If you have lost your loved one in a preventable accident or due to a violent act of the other party, you are entitled to seek financial compensation for your loss by filing a wrongful death claim. However, simply going to court and stating that the death of your loved one was wrongful and you deserve to recover fair compensation is not always a cakewalk. Instead, the law has set out strict requirements for family members to win fair compensation in a wrongful death lawsuit.
Most states have set out certain elements of a wrongful death claim that must be proven to win fair compensation for the claim. These include
- Party’s carelessness
- Party’s neglect
- Party’s unskillfulness
- Party’s default (incapacity to fulfill an obligation)
- Party’s wrongful act
Point to remember:
The party in default can be any individual, professional, company, or government entity. Legal terms such as “wrongful act” or “neglect” are not subjective and are distinct legal principles that should be proven in a particular way. Hiring an experienced wrongful death attorney is recommended to understand better how to establish the necessary elements and other critical aspects of your lawsuit.
Here’s a brief guide to help you better understand how to progress with your wrongful death lawsuit.
Proving Negligence
Most wrongful death claims arise due to negligence, including unskillfulness, carelessness, and default, as mentioned in the law. Here’s how you prove the negligence of the other party:
- The party at fault was unable to uphold the duty of care.
- The inability resulted in injuries, further causing the death of the victim.
- The party at fault owed a duty of care to the sufferer.
- The death of the deceased lead to losses.
For instance, a driver must reasonably operate their vehicle to prevent injuries to other drivers. However, if the driver’s distraction for any reason has led to a fatal collision, then it is important to prove that it is due to their carelessness that caused the accident and the death of the deceased.
If you have recently suffered from the loss of your loved one due to the other party’s negligence, hiring an experienced wrongful death attorney is recommended to help you get fair compensation for your claim.
Proving an Intentionally Wrongful Act
Another reason to pursue a wrongful death claim is when you have lost your loved one due to a violent assault. These cases are generally handled in the civil court and are treated separately from any criminal case brought by prosecutors. However, you can also use the pieces of evidence accumulated by law enforcement to prove the wrongdoing of the party at fault.
Remember that criminal convictions particularly call for significant evidence and proof to prove a wrongful death claim. Therefore, it is best to take the assistance of a wrongful death attorney to help you handle the complex procedures of your lawsuit.
Proving Wrongful Death Damages
Once you have proven negligence or the wrongful act of the party at fault, it is time to collect adequate proof for the damages for which you seek compensation. Listed below is a list of expenses and losses that you can use to prove the damage for wrongful death:
- Financial bills and records to prove losses.
- Evidence to prove loss of inheritance.
- Evidence to prove that the quality of life has diminished due to death.
- Testimony of the psychologists and therapists for your emotional loss.
Proving intangible losses is a complex task. Therefore, having an experienced attorney by your side is critical to help you prove the hidden losses and aspects of your lawsuit.
About us
Losing a loved one can be emotionally traumatizing, especially due to someone’s negligence. It is one of the reasons you should consider hiring a reputed wrongful death attorney for your lawsuit.
If you want to hire a wrongful death lawyer in Charlotte County, Florida, then The Wotitzky Law Firm can greatly help you.
Our team of law professionals will help you deal with all your legal matters keeping your best interest in mind. We can also help you handle other legal affairs like family law, real estate, contract, business, and personal injury law. Please write to us at info@wotitzkylaw.com or call us at +1 941-639-2171 to learn more about our law firms in Port Charlotte, Florida.
