A wrongful death claim is a civil claim filed by the family members or beneficiaries of a person who died because of someone else's negligence, criminal act, omission, or recklessness.
You should always contact an attorney to help you file a wrongful death claim. Robert J. DeBry & Associates' wrongful death lawyers handle a variety of wrongful death claims. They gather the evidence needed to prove your case and prepare a persuasive damages argument to convince the jury to award you the maximum amount possible.
How to Prove Wrongful Death?
To win a wrongful death case, the family members or beneficiaries must prove the following:
Duty of Care
Did the defendant owe the decedent a "duty of care" at the time of the accident or event that caused their death? A duty of care comes in by contract, blood relation with the victim, an action taken on behalf of someone else, or any other circumstance where someone is responsible for another person's safety.
Breach of Duty
The defendant breached this duty when they acted in a negligent, reckless, or intentionally harmful way, which caused the decedent's death. For example, if a doctor fails to diagnose an illness that kills his patient, he has breached his duty of care. If your loved one died because of someone else's negligence, contact Robert J. DeBry & Associates today.
Cause-in-Fact
The defendant's actions were the cause-in-fact of the decedent's death. This means that the defendant caused the accident, condition, or event that killed the decedent.
Proximate Cause
The defendant's actions were the proximate cause of the decedent's injuries or death. This means that it was foreseeable that the defendant's actions would result in injury or death. If you are filing a wrongful death claim on behalf of someone who died in an automobile accident, for example, you will have to show that the injury or death was foreseeable.
Hiring the Right Wrongful Death Lawyer
It may be complicated to prove a wrongful death claim. That is why it is always best to contact an experienced Wrongful Death Lawyer. They will handle all aspects of the wrongful death claim and help you get the compensation you deserve.
Contact Robert J. DeBry & Associates for a free consultation or for more information regarding wrongful death.