Death can affect us in many ways. We feel a loved one’s death emotionally, mentally, and physically. But if your loved one died by someone else’s hand, it can add stress and anxiety to an already trying time.
Aside from being difficult in so many ways, a loved one’s death can also affect us financially. While the compensation from a wrongful death lawsuit cannot bring this person back, it can provide peace of mind and stability for their family and dependents.
What Is Wrongful Death?
Wrongful death claims arise when a party causes someone’s death due to negligence or misconduct. These claims are made by the survivors of the individual to seek compensation. The damages sought serve to help survivors financially and emotionally.
Wrongful Death Cases
Wrongful death occurs when an individual’s negligence, recklessness, or misconduct results in someone’s death. To establish negligence, certain elements must be proven:
- The defendant had a duty of care to the deceased;
- The defendant breached this duty;
- The breach was the actual and proximate cause of the death; and
- The breach resulted in damages.
Some of the common causes of wrongful death include:
- Medical malpractice,
- Car accidents,
- Truck accidents,
- Birth injuries, and
- Explosions.
While these causes of wrongful death are the most common, every situation is different. It is wise to discuss your case with a wrongful death attorney.
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Should You Hire an Attorney to Help with Your Claim?
If you believe your loved one has died due to another’s negligence or intentional action, you should contact a wrongful death attorney as soon as possible.
Wrongful death cases are unique and require the skill and expertise of a wrongful death attorney. Your attorney can first review your case and help determine whether the circumstances surrounding your loved one’s death constitute wrongful death. If you have a wrongful death claim, your attorney can go over all legal options. Because every element of negligence must be satisfied to have a wrongful death claim, a wrongful death attorney will best know how to establish liability in your case.
A wrongful death attorney can also help calculate the right amount of damages in your case. Depending on your particular situation, your attorney will also be able to negotiate a settlement or take your case to trial.
Aside from being emotional, wrongful death cases can be challenging. Don’t try to handle this alone. Contact a wrongful death attorney to review your case.
Working with Gerling Law
For over 50 years, Gerling Law has worked alongside clients during the most trying times in pursuit of justice and fair compensation. Our team provides the highest quality legal representation while also showing great compassion and respect. We are committed to offering honest legal advice and fighting aggressively for the best possible outcome in every case.
If your loved one has been a victim of negligence, do not hesitate to contact our team at Gerling Law. You can expect to receive candid legal advice during your free case evaluation
