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The death of a loved one is never easy, but when it results from another party's negligence, the loss can feel particularly devastating. People just feel taken advantage of.

And after a while many of us feel like VICTIMS.

The law does however allow a victim's survivors to seek $$ for wrongful death damages. 

Unfortunately the only thing the law can give you for your loss is $$.

But it is not that easy.

The insurance Company will fight you every step of the way.

 Many involved in these circumstances are dealing in an entirely new legal terrain. To help you determine if you have a viable legal case and better understand your rights and responsibilities, below are three basic components of any wrongful death lawsuit.

The 3 Components of a Wrongful Death Lawsuit

1. A Valid Legal Claim

The term "wrongful death" can include any number of scenarios in which a death occurred because of someone else's carelessness or targeted behavior. A good rule of thumb for determining if you have a valid case is to consider the injury that caused the death in question. If the victim had survived, would they have had an effective personal injury claim against the person responsible? If so, you can likely pursue a wrongful death case. Cases of this type might also include situations of medical malpractice, dangerous or defective products, or even murder.

2. Proof

wrongful deathIt is up to you to gather as much evidence as possible to support your claim. If the opposing party had a reasonable duty to act with careand they violated that duty, there should be compelling evidence to back it up. For example, if you lost a loved one in a car accident that was the fault of another driver, having police reports, medical records, coroner's reports, and assessments of vehicle damage will only help your wrongful death case.

3. Damages

There are several aspects of a wrongful death case for which you can seek damages. The pain, suffering, and costs of medical care the deceased experienced before passing; funeral-related expenses; and your own loss of companionship, guardianship, or general support regarding the loss are all compensable areas. Identify those damages most important to settling your loved one's estate and to your own well-being.

 

Bernard M. Tully Attorney at Law is a wrongful death and automobile accident attorney who has been serving the Pittsburgh, Pennsylvania area for over three decades. Call (412) 281-8700, visit his firm's website, or reach them on Facebook and Google+ to schedule a consultation. Don't let your life be upended by an unexpected loss — set out to get the resources you need, and call attorney Tully today.

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