It’s a Wrongful Death Claim if a Deceased’s’ Survivors Endure Suffering
This month, Fox Law Office PLLC explains how to prove wrongful death claims. If loved ones die because of another’s misconduct or negligence, survivors may file wrongful death claims. Wrongful death lawsuits seek damages for survivors’ suffering; recouping the deceased’s lost wages, funeral expense reparations, and deprived companionship compensation. Proven wrongful death claims involve:
- Verifying the Existence of an Actual Deceased
- Linking the Defendant’s Negligence or Misconduct to the Deceased’s Passing
- Confirming Suffering by the Survivors
Wrongful Death Elements: Verifying One’s Deceased Survivors’ Suffering
Wrongful death cases involve several elements, including verifying a deceased and the survivors’ suffering. To verify a loved one has died, plaintiffs need to produce a death certificate. It also helps to have testimony from medical examiners or coroners to verify the cause of death on the certificate. Plaintiffs also need to offer testimony about and provide evidence of the survivors’ suffering.
Proof of Survivors’ Suffering
Generally, the law quantifies survivors’ suffering through monetary damages. If survivors experienced a loss of wages or potential earnings, that’s considered suffering. Suffering also extends to survivors paying for the deceased’s unexpected medical, funeral, and burial costs. Testimony of expert witnesses about survivors’ pain, plus their loss of protection, guidance, and inheritance, also qualifies as suffering.
You Also Must Link Negligence or Misconduct to the Deceased’s Passing
The final element in a wrongful death claim is linking the defendant’s negligence or misconduct to the deceased’s passing. Negligence is the defendant’s carelessness, recklessness, or delinquent actions. A jury might find a homeowner who didn’t properly secure a pool where the deceased drowned guilty of negligence. Misconduct is when the defendant intentionally caused the deceased’s passing. A convicted criminal defendant who murdered the deceased may also be guilty of wrongful death by misconduct.
To receive a consultation about accidents, personal injury, employment, and insurance related legal services, contact Fox Law Office, at (855) 324-3684. Follow us on Facebook for updates. We are happy to further explain how to prove wrongful death claims.
