When someone’s carelessness or malice causes the death of a loved one, a wrongful death suit may provide an avenue toward justice. These cases allow survivors to pursue compensation for a broad range of damages, including the victim’s pain and suffering, trauma, and lost wages, as well as the impact on your own life. However, there are some elements a valid claim must satisfy.

Duty of Care

To file a wrongful death claim, you must be able to show that the liable party was legally responsible for the safety of others. For instance, drivers are required to follow the rules of the road, and manufacturers are expected to thoroughly test the safety of their products before bringing them to market.

Negligence

Proving that your family member’s death was directly caused by someone else’s negligence or careless action is key to any successful liability case.

In many instances, the link between the defendant’s negligent actions and the death of your loved one may be fairly obvious. However, insurance companies often argue that the accident would have occurred even without the defendant’s inaction, especially if they suffered from a serious medical condition.

Your attorney will work to find and present evidence showing the company’s or person’s responsibility. This might mean demonstrating that the defendant’s failure to obey road signs caused a fatal auto accident, or establishing that a property owner knew about dangerous conditions and did nothing to correct them.

Your Damages

Unfortunately, the loss of a beloved family member is not sufficient grounds for a wrongful death claim. While you may collect compensation for your own suffering and loss of companionship, your case must be based on your actual monetary damages, including medical expenses, burial costs, and your family member’s lost income.
 

If you’ve lost a family member due to someone else’s recklessness, the legal team at Cada Cada & Jewson will fight to achieve justice. They’ve been serving victims and their families throughout Lincoln, NE, since 1972, establishing a reputation for aggressive representation in a range of difficult situations. Visit their website for more information on their team or call (402) 477-2233 to schedule a consultation today.