What is a Wrongful Death Claim
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 Murphy wrongful death 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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