Losing a loved one is unspeakably painful. Losing a loved one due to preventable circumstances is even more devastating. Under the law, a loss can be considered a wrongful death if another person or entity is at fault for the loss due to negligence, product liability, or malice. At Abogados Campeones, we understand that the emotional and financial toll of losing someone due to a wrongful death can feel insurmountable, which is why we are here to help.
Understanding the Steps Involved in a Wrongful Death Case:
Our first move will be to walk you through the wrongful death case process. These cases can become very complicated, but at their core three criteria must be met: breach of duty, cause, and damages.
- Breach of Duty: Proving breach of duty is vital in wrongful death suits. This means that we must prove that the defendant had a duty to the deceased that was not met. For example, a distracted driver has a duty to obey the laws of the road. If they ran a red light that resulted in an accident, they did not fulfill their duty as a driver.
- Cause: A direct connection between the breach of duty and the death must be established. For example, the defendant ran a red light and t-boned the deceased. The deceased perished as a result of their injuries from the accident. In that way, the cause of death is linked to the breach of duty.
- Damages: You must be able to prove that this wrongful death led to financial and emotional hardships. This is the last step in ensuring a settlement.
Types of Damages:
When it comes to proving damages following a wrongful death, there are three main types.
- Economic: These damages may include loss of future earnings from the deceased, pre-death medical costs, and funeral costs. Surviving family members such as a spouse, children, or extended family members who relied on the deceased for support can all claim financial damages in a wrongful death lawsuit.
- Non-Economic: The emotional cost of losing a loved one can also be considered part of the damages.
- Punitive: If loss of lie was due to excessive negligence or carelessness, punitive damages can be brought against the defendant with the intent of creating a financial burden for the party responsible.
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