When it comes to a wrongful death lawsuit, it is important to note the four elements that should be expected with one. If you’re filing one with the use of a wrongful death lawyer, they can provide you with more specific information related to your case. However, to have an idea about the process that comes with this type of lawsuit, there are four elements that accompany it.
These four elements are all within the range of scope determined by the wrongful death law. Generally, in order to have a case, these elements must be present in order to move forward with the lawsuit.
In order to be deemed a wrongful death lawsuit, it has to be shown that the passing of the loved one was due to the negligence of another party. This also includes the recklessness or carelessness of another party that caused the person in question’s death.
Breach of Duty
It has to be shown that the individual responsible for the death owed the person something. This is known as a duty. A motorist that is driving down the road has an obligation to remain safe while doing so. Failure to do so can lead to a crash that causes the death of someone. It can be deemed that the person who caused the accident is now liable.
The cause of the death has to be proved during the lawsuit. This typically means asking medical examiners or other doctors to speak in court or provide sworn statements. If a definitive cause of death cannot be provided, reasonable doubt is already established by default, making your case that much harder to try and win.
The person affected by the actions of the other has to show quantifiable damages. This can be everything from the funeral expenses to large medical bills that may have piled up over time. They have to show a loss of earnings, as well as living expenses. The person may also add pain and suffering into the mix. All of these figures should stem from the time before the person died due to the negligence of the individual the lawsuit is against.
Speak with a wrongful death attorney in Melbourne, Florida that can provide you with more in-depth information related to the lawsuit you’d like to bring forward. They can provide you with more details related to the case than you may have.