Share:

Wrongful death is defined as an untimely death caused by another individual’s negligence. The loved ones of the deceased can seek out the assistance of a wrongful death attorney to file a claim or civil suit to pursue damages for the resulting emotional and financial distress. The attorney must successfully prove the following elements for a claim to be successful. 

What Is Required for a Wrongful Death Claim?

1. Breach of Duty of Care

A wrongful death attorney needs to prove that the defendant owed the deceased a duty of care. The defendant’s actions should have shown reasonable caution based on the particular situation. For example, while driving, the defendant should have followed the rules of the road.

Next, the attorney will prove that the defendant violated that duty of care through reckless actions. For example, if the defendant ran a red light and harmed the victim, the attorney will point to how this disregard for the law caused the incident.

2. Causation

wrongful death attorneyEven if the negligence is clear to the complainant, the attorney must directly link the deceased’s death to the defendant’s actions. If the defendant ran a red light, they might not be held responsible if they suffered from a sudden health attack or if another vehicle’s dangerous driving was involved. Alternatively, if they ran the red light for no reason other than their rush to get somewhere, they’ll likely be held accountable for wrongful death.

3. Damages

As a result of the victim’s passing, there are often numerous expenses, including hospital bills and funeral costs. If the deceased was the breadwinner for their family, their loved ones might be suffering under the loss of income and other benefits.

A successful civil suit will result in the deceased’s loved ones receiving damages, or monetary compensation, to cover expenses as well as emotional suffering. 

 

If you’re seeking a wrongful death attorney who will bring you and your loved ones the justice you deserve, trust Jones & Jones, P.C. Attorneys at Law in Andalusia, AL. They also provide services for criminal law, personal injury law, and auto accidents. For over 60 years, they’ve offered legal services throughout southern Alabama. Their experienced attorneys have served as prosecutors, judicial law clerks, and judges, offering unique insight into the legal system. Learn more about their practice areas online or call (334) 222-3161.

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

tracking