A wrongful death claim can allow families to secure financial damages after a deadly accident. Families can only receive damages if they prove all elements of a wrongful death and demonstrate that someone else caused the accident.
What are the elements of wrongful death claims? These elements include a duty of care, a breach of duty, a demonstration of causation, and evidence of damages.
A Birmingham wrongful death lawyer from our team at Heninger Garrison Davis, LLC, can provide more detailed information about these elements. You can get answers to your questions when you call or complete our online contact form.
The Elements of a Wrongful Death Claim
Understanding all four elements of a wrongful death case can help determine if your family qualifies to file this claim. These elements include:
A Duty of Care
A wrongful death attorney must establish that someone owed your loved one a duty of care for you to have a valid wrongful death claim. Duty of care can vary based on the kind of accident that led to the loss of your loved one.
For example, all drivers have a duty of care to obey traffic laws and reasonably operate their vehicles. They have a duty to stick to the speed limit and avoid reckless driving.
Property owners have a duty of care to guests to quickly remove hazards from their property. Medical professionals have a duty to provide reasonable treatment and avoid malpractice. A lawyer can discuss all applicable duties in your situation.
Breach of Duty
Once your lawyer establishes a duty of care, they must demonstrate that the at-fault party breached their duty. For example, a driver who runs a red light is breaching their duty to other individuals on the road.
Causation
Causation represents the third element of a wrongful death claim. Lawyers establish causation by showing that another party’s breach of duty directly led to the death of your loved one.
We can continue the example above involving a driver running a red light. Let’s say this driver struck and killed your loved one as they crossed the street. This situation represents direct causation.
Damages
Finally, your attorney must show that the fatal accident caused measurable damages to your family. The damages covered by a wrongful death claim vary by state, so it’s essential to speak with an attorney from your area about this element of your case.
Are you still asking: what are the elements of wrongful death? You can contact a lawyer to get more detailed answers to your questions.
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How do Lawyers Establish the Elements of a Wrongful Death Claim?
Attorneys establish the four elements of a wrongful death case by investigating the accident and collecting evidence. Depending on the circumstances surrounding the incident, a lawyer might:
- Interview any witnesses to collect official statements
- Get a copy of the police accident report
- Visit the site of the accident
- Work with wrongful death experts
- Look for any photos or videos of the accident
Lawyers use the evidence they gather to find the at-fault party and hold them accountable for their actions by establishing the elements of the case.
How do Lawyers Resolve a Wrongful Death Claim?
After establishing the elements of wrongful death, an attorney can proceed with a legal claim to bring your family financial damages. A personal injury law firm may focus on:
Negotiating a Settlement
In many cases, lawyers will negotiate a settlement with the insurance company representing the at-fault party. Negotiations require a lawyer to review all offers made by the company, comparing them to the losses your family sustained.
Many families wonder how long their case will take. The negotiation process may take months to resolve. You can allow a lawyer to handle all legal communication during the process, giving you more time to spend with your family.
Filing a Wrongful Death Lawsuit
The insurance company may refuse a fair settlement even if your lawyer establishes all elements of wrongful death. In this situation, your attorney may help your family file a lawsuit and represent you in court.
Lawsuits typically take longer to resolve than insurance negotiations and may require you to pay court fees. Find out when families can bring a wrongful death lawsuit by speaking with your attorney.
How Long do You Have to Establish Wrongful Death Elements?
Your family has a limited amount of time to move forward with a wrongful death claim after a fatal accident. Each state has a statute of limitations that controls how long you have to secure damages, and they vary.
Your attorney can provide information about the specific deadline for your family’s situation.
Speak to Us About the Elements of Wrongful Death
What are the elements of a wrongful death claim? These elements include duty of care, a violation of that duty, causation, and losses. Our team at Heninger Garrison Davis, LLC, can explain them in more detail when you call or complete our online contact form.
