How Do You Prove a Wrongful Death Claim?
Wrongful death claims are brought by surviving family members of someone who has lost their lives in an accident. If you believe that a loved one has been taken from you in a collision and another party is at fault, you may have a wrongful death claim. To be successful in a wrongful death claim, however, there are first some aspects that you have to know.
Understanding the Four Elements of a Wrongful Death Case
If you want to move forward with a wrongful death claim, you will need to prove the following elements:
Negligence: If you want to bring a wrongful death claim, you will have to show that your loved one’s death stemmed from the negligence of another party.
Breach of Duty: As a plaintiff, you will need to show that the death of your loved one occurred due to a defendant owing your loved one a duty. Motorists are supposed to always obey the laws of the road, for example. If they fail to do so, you can show that another party breached their duty on the roads and this led to the fatal accident.
Causation: You will have to show that the negligence of the defendant is what actually caused the death of a loved one.
Damages: Did the loss of your loved one lead to damages that you must now care for on your own? These include any of the following:
- Hospital costs
- Past medical bills
- Burial and funeral costs
- Loss of potential income for the future
- Pain and suffering
If you can show that damages stemmed from the accident in any way, you will be able to bring a wrongful death claim against a liable party.
Who is Permitted to Bring a Wrongful Death Claim?
Many people wonder who is permitted to bring a wrongful death claim after a loved one has been taken from them prematurely. In many states, only the immediate family members of the deceased are able to bring a claim against a defendant. This includes individuals such as a party’s spouse, children, or parents. In other states, you may be able to file a claim if you were receiving any type of direct financial support from a deceased victim. It is important that you speak with an attorney who is knowledgeable in these types of claims.
If you are able to bring one of these claims, you may be able to acquire monetary damages for a wide array of aspects. You may wonder how much you will be eligible for. Death compensation from a wrongful death claim is calculated by your attorney adding up monetary damages that are associated with your claim. They will then attempt to compile how much you may acquire in pain and suffering damages.
Contacting a Pennsylvania Wrongful Death Attorney
When it comes to a wrongful death claim, you may be feeling confused or alone. This is the reality that many victims face as a result of Pennsylvania car accidents every year. A Pennsylvania car accident attorney will help you determine if your claim is credible and provide you with the resources you need to be successful in your accident. Because of this, you should speak with a Pennsylvania wrongful death attorney at Edelstein Martin & Nelson as soon as possible. Please contact an accident attorney in Pennsylvania at (215) 731-9900 for more information.
Note: Independent sources were used to create this post including news stories, witness statements, social media posts, and first-hand accounts about the accident and injuries involved. As a result, the details of the accident that are represented have not been independently verified by our own writing staff. If you find incorrect information or would like the post to be removed, please contact us immediately. We will correct the inaccurate information or will remove the post completely.
Disclaimer: As a well-respected member of the community, we at Edelstein, Martin & Nelson strive to improve the overall safety and quality of life for everyone who drives on our roads and highways. We are always saddened by these accidents but hope that, through awareness members of our community will take precautions to avoid these accidents. This is not a solicitation for business, and this information should not be misconstrued as medical or legal advice. The photos depicted in this post are not representative of the actual accident scene.