No one wants to think about the possibility that his or her loved one could be killed in an accident. But unfortunately, this is a harsh reality that many families face each year. If your loved one has died due to the negligence of another, you may be wondering if you have a claim for wrongful death. Read on to learn more about how to know if you have a claim for wrongful death.
What is a wrongful death claim?
When someone dies due to the negligence of another, it is considered a wrongful death. If you have lost a loved one due to someone else’s careless actions, you may wonder if you have a claim for wrongful death.
Certain elements must be present for wrongful death to be successful. First, there must be proof that another person’s negligence caused the death. Second, there must be surviving family members who are suffering financially as a result of the death.
If you believe someone else’s negligence caused your loved one’s death, you must speak with an experienced wrongful death attorney to discuss your legal options. An attorney can help you gather evidence and build a solid case to hold the responsible party accountable.
What are the grounds for wrongful death?
A wrongful death claim can be filed when an individual dies due to another person or entity’s negligence or wrongful act. To successfully file a claim, the surviving family members must prove that their loved one’s death was caused by the negligence or wrongful act of another. Common grounds for wrongful death include car accidents, medical malpractice, and workplace accidents.
How do you know if you have a wrongful death claim?
If you have suffered the death of a loved one due to someone else’s negligence, you may be able to file a wrongful death claim. To determine if you have a claim, you will need to answer the following questions:
- Did the death occur because of someone else’s negligence?
- Was the victim survived by a spouse, child, or dependent?
- Was the victim’s death caused by an intentional act?
- Are you a financial dependent of the victim?
- What is the value of your damages?
If you can answer yes to all of these questions, then you may have a valid wrongful death claim. To learn more about your legal options and how to proceed with your claim, contact an experienced wrongful death attorney today.
How do you file a wrongful death claim?
If you suspect that your loved one died due to someone else’s negligence, you may be able to file a wrongful death. You’ll need to work with an experienced attorney who can help you navigate the legal process.
Wrongful death claims can be complex, so it’s essential to have an advocate on your side who can help you gather evidence and build a strong case. If you’re successful, you may be able to recover damages for your loved one’s death, including medical and funeral expenses, lost income, and pain and suffering.
If you’ve lost a loved one and suspect someone else’s negligence caused their death, don’t hesitate to contact an experienced attorney to discuss your case.
What are the damages awarded in a wrongful death?
This lawsuit seeks to hold the responsible party accountable for their actions and recover damages for the survivors.
Wrongful death damages can be divided into two main categories: economic and non-economic. Economic damages have a specific monetary value, such as medical expenses and lost income. Non-economic damages are more difficult to quantify and include pain, suffering, and loss of companionship.
In most states, the jury will decide the number of damages to award in a wrongful death case. There is no set formula for calculating damages, but the jury will consider all the evidence presented to reach a fair and just decision.
Conclusion
If you have suffered the loss of a loved one due to the negligence of another, you may have a claim for wrongful death. There are many factors to consider in determining whether or not you have a claim, and an experienced attorney can help you navigate the legal process. At Garcia and Phan Personal Injury Attorneys (714-586-8298), we have successfully represented many families in wrongful death claims. Contact us today to schedule a consultation to see if we can help you get the compensation you deserve.
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