Factors of a Wrongful Death Claim

Factors of a Wrongful Death Claim

Factors of a Wrongful Death Claim

I’m Ed Smith, a wrongful death lawyer in Sacramento. When someone dies suddenly due to the negligent or careless actions of another person or entity, it is considered a wrongful death. Surviving family members of the victim can pursue a wrongful death claim to receive compensation for financial and emotional damages. Family members include spouses, children, and parents of the victim.

Components of a Wrongful Death Claim

There are several factors concerning wrongful death claims. Family members submitting a claim must prove each factor to successfully win the case. These components are:

  • Carelessness: Family members must show that someone caused the death of their loved one by carelessness, negligence or recklessness.
  • Violation of Duty: Family members must prove that the defendant owed a responsibility to their loved one. For instance, a driver has a duty to obey all traffic laws and drive safely on the road. Surviving members must show that the defendant violated his or her duty due to reckless actions.
  • Action: Family members must demonstrate how the defendant’s careless action caused the death of their loved one.
  • Costs: Family members must show that the death of their loved one has created a considerable amount of monetary damages like hospital expenses and funeral/burial costs.
  • Loss of Income: Family members must prove that they had a loss of income and lost out on any potential earnings or inheritance due to the death of their loved one.

It will take substantial evidence and powerful expert witness testimonies to support these points in the courtroom. An experienced lawyer who specializes in wrongful death cases can help provide assistance for family members.

Common Causes of Wrongful Death

Lawyers who work exclusively in wrongful death lawsuits are usually involved in cases with common causes including:

  • Auto accidents
  • Medical malpractice
  • Nursing home abuse
  • Premises Liability
  • Products Liability
  • Traumatic injuries
  • Work exposure and hazards

Watch YouTube Video – By: Ed Smith – What is a Wrongful Death Claim?

Attorney Ed Smith explains what a wrongful death claim is and who can file a lawsuit.

Proving the Wrongful Death Claim

The wrongful death claim process usually involves demands, mediation, and a settlement. However, if an agreement is not successful, the claim will need to be settled in court. Since a wrongful death case is a civil action lawsuit, the case must be won based on the evidence presented.  Quality and credibility of evidence are required to make a strong case. An experienced lawyer can help build the case to prove the factors of a wrongful death lawsuit. The reputation and confidence of a lawyer in handling wrongful death cases will help improve the chances of family members receiving an appropriate settlement at trial.

Related Articles by Sacramento Wrongful Death Lawyer, Ed Smith:

Wrongful Death Lawyers in Sacramento

I’m Ed Smith, a wrongful death lawyer in Sacramento. If someone you love passed away as a result of a wrongful death, call me at (916) 921-6400 or (800) 404-5400 for friendly, free legal advice.

To see helpful reviews by some of our past clients, go to:

I am a proud member of the Million Dollar Advocates Forum. We are the nation’s top trial lawyers who have won million dollars in verdicts and settlements for prior clients.

Please take a few minutes to look at some of our verdicts and settlements.

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