Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

What are the elements of a wrongful death suit?

On Behalf of | May 10, 2018 | Wrongful Death |

One of the most tragic events a person can suffer is the loss of a loved one. Even though death is inevitable, it is still a challenging event to process. This is particularly true when a person’ life is suddenly taken away from them because of the negligent acts of another. No one is prepared for the aftermath of an accident, especially when a life is lost because of it. Family members are often left to put pieces together, finding the answers to the many questions they are left with. In addition to understanding why the accident occurred, surviving family member might also seek to hold the negligent party accountable and seek compensation for the damages that resulted.

What are the elements of a wrongful death suit? Regardless of the incident that caused the death, in order to bring about a successful wrongful death action, one must prove that another’s negligent or willful misconduct was the cause of the fatal incident. There are four elements that must be proven in order to win this type of civil action. First, there must be a death of a human being. Second, the death must have been caused by the negligence of another or the intent to cause harm to another person. Next, the surviving family members must suffer monetary damages as a result of the death. Finally, a personal representative must be appointed for the execution of the decedent’s estate.

Various event could cause a wrongful death to arise. This incudes medical malpractice, automobile accidents, airplane crashes, exposure to occupational hazards and condition, criminal behavior or death occurring during a supervised activity. Damages related to these actions typically include pecuniary losses. This includes damages such as lost wages, medical bills, loss of companionship, funeral expenses and other related losses.

The loss of a loved one is a difficult time no mater the age of the victim. A fatal accident can be hard to cope with, as many questions might remain. Nonetheless, it is important to become informed and prepare yourself with information that could help you in your pursuit of financial compensation through a wrongful death action.



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