Losing a family member is a tragic event, especially when it comes as the result of an accident that could have been prevented. Although no amount of money will make you grieve any less, filing a wrongful death lawsuit against the party responsible for your loved one’s passing can help ease the financial burden they may have left behind.
To build a strong and successful case, every claim must include a few basic elements. According to the experienced attorneys at The Walker Firm, the law has strict requirements that can make it a challenge for surviving family members to prove why they deserve compensation. Fortunately, the law firm is qualified to provide the residents of Warner Robins, GA, with highly effective legal counsel.
Below, they go over what your case will need to include if you’re going to have a chance at a favorable outcome:
A wrongful death case must prove the defendant acted in a manner that was reckless, careless, or negligent, which led to the events that caused the victim to pass away. Negligence can be defined as the failure to execute reasonable care in any situation.
Breach of Duty
The case must also show that the defendant owed the victim a duty of care. Once this is established, whether it was a motorist who has a duty to obey traffic laws and drive safely, a property owner who has a duty to maintain a hazardous-free property, or a medical professional who has a duty to preserve their patients’ health, your attorney will need to present how the duty was breached.
After identifying that the defendant breached their duty of care, it will be required to explain how this negligence contributed to the death of your loved one. Their passing must be a direct occurrence of the defendant’s actions or inactions.
The final element of a wrongful death case is proving your loved one’s death resulted in monetary damages that has created financial hardship for the surviving family members. This may be from medical expenses, loss of income and future potential earnings, and funeral costs.
Hiring a skilled and knowledgeable lawyer is essential when seeking restitution in a wrongful death claim. This will significantly increase your odds of receiving all the damages you’re entitled to. Contact The Walker Firm at (478) 923-4152, or visit them online to learn more about the various cases they handle.