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In legal terms, a wrongful death refers to a fatality that
occurs because of the negligence or misconduct of another
person, corporation or entity. A wrongful death is a type of
personal injury. Personal injury law holds one person
accountable for causing damages to another person. Wrongful
death cases arise from a variety of circumstances including
vehicle crashes, defective products, job-related mishaps, and
construction site accidents. Whatever the cause of a wrongful
death, the impact on the survivors is devastating. There is a
void that is felt by everyone who must continue on without the
companionship and support of their loved one.
A wrongful death claim against a negligent party is
generally initiated by or on behalf of the spouse, children
or family of the decedent or made by the deceased's estate.
Negligence must be established and Brett & Coats, PLLC lawyers
are skilled at helping clients prove the four critical
components of negligence:
- The defendant had a duty to the deceased,
- The defendant breached that duty,
- The fatality was caused by the defendant's breach of
duty, and
- The survivors have suffered damages as a result of the
loss.
In addition to establishing negligence, the future life
expectancy of the deceased must be presented to establish the
loss of future earnings. The relationship of the survivors and
the deceased must also be communicated. Effective presentation
of the non-economic or emotional loss is critical to a fair
damage award.
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frequently asked questions about Wrongful Death.
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