If you have lost a loved one due to someone else’s negligence, you are likely struggling with difficult emotions: grief, anger, confusion, worry, etc. You rightfully want justice and accountability. The experienced Norristown wrongful death attorneys from Morris Wilson Knepp Jacquette, P.C., are here to protect your loved one’s legacy and fight for the compensation you need to cover unexpected expenses and income loss. We welcome you to contact us to learn more about your legal rights for filing a wrongful death claim.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of legal claim that allows family members to hold third parties responsible for the death of loved ones when such deaths are caused by violence, negligence, or other wrongful conduct. The purpose of this type of lawsuit is to seek monetary compensation for the financial and personal losses the decedent’s family experiences due to the death. The family may be able to recover compensation for economic losses, such as medical expenses and lost wages, as well as non-economic damages, such as loss of society and comfort. It is similar to a personal injury claim, except it involves a death.
What and How to Prove a Wrongful Death Claim
Most personal injury cases (including wrongful death claims) are based on the legal concept of negligence. This requires proving four legal elements with compelling evidence, such as:
- Duty of care: The duty of care is the defendant’s duty not to harm others. For example, drivers must follow the rules of the road, and medical providers must provide medical treatment consistent with the standard of care. Existing laws, traffic rules, and written customs can help show these legal duties.
- Breach of duty: The breach of duty is what the defendant did or failed to do that caused the accident. For example, a driver may have sped, been drinking, or been texting. A medical provider may have overlooked symptoms or failed to order necessary tests. Evidence to prove breach of duty may include accident reports, traffic citations, photos of the accident, or testimony from expert witnesses.
- Causation: Causation is the link between the defendant’s actions and the death. The death wouldn’t have occurred but for the defendant’s actions. Video footage, incident reports, maintenance records, toxicology reports, product design schematics, personnel records, and autopsy reports may help establish causation.
- Damages: Damages are the losses that the family suffered as a result of the death, such as medical bills or lost income. Medical bills and estimates of lost earnings by economic experts can help prove this legal element.
These cases can be difficult to navigate, but an experienced wrongful death lawyer can help.
Let Us Handle the Legal Fight While You Grieve
If you have recently lost a loved one, you have a limited amount of time to take legal action to protect your and your family’s rights. The Norristown wrongful death lawyers from Morris Wilson Knepp Jacquette, P.C., can help you seek the justice and accountability that you deserve. Contact us today to get started with a free case review.