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If you lost a loved one to medical malpractice or a preventable accident someone else caused, you may be able to recover compensation for the loss by filing a wrongful death claim. Although no amount of money will bring your relative back, compensation will allow your family to maintain your financial security so you do not have to worry about making ends meet while you grieve. Below, the compassionate law firm of Bernard M. Tully Attorney at Law of Pittsburgh, PA, discusses the four elements you must be able to prove to win your wrongful death case.

What You Need to Prove in a Wrongful Death Lawsuit

1. Reckless or Negligent Behavior

In order to have a valid wrongful death claim, you must demonstrate that your loved one’s death occurred as the direct result of someone else’s recklessness, carelessness, or negligence. If the incident was merely an accident, you will not win your case.

2. A Duty Owed & Breached

wrongful deathThe defendant must have owed the deceased a duty of some kind and then breached this duty. For example, all motorists have a duty to other drivers and pedestrians to follow the rules of the road. Driving while inebriated would be a direct breach of this duty and could result in a valid wrongful death claim.

3. Direct Causation

The breach of duty must have directly caused your loved one’s death. A simple breach is not enough to substantiate a wrongful death claim.

4. Quantifiable Damages

Is your family going to suffer financially following your loved one’s death? In order to secure compensation, you need to prove that you incurred quantifiable damages as a result of the unanticipated death.

If you want to file a wrongful death claim in Pittsburgh, turn to Bernard M. Tully Attorney at Law. You can learn more about this seasoned personal injury attorney by visiting his website. Call (412) 281-8700 to schedule an initial consultation and start building your case today. 

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