When someone is killed or dies, because of the misconduct or negligence of someone else, the surviving members of a victim’s family have the option to sue for wrongful death. Most of these types of lawsuits follow a criminal trial. However, wrongful death suits involve a lower standard of proof. Whether the defendant committed a crime or is found guilty of negligence, he or she will be liable for their wrongdoing.
The Elements that Must be Shown in a Wrongful Death Lawsuit
If you choose to consult with a wrongful death lawyer in Bronx, NY, he or she will go over the elements that must be present to prove wrongful death. These elements must show –
- The death of a person
- That the death was caused by negligence, or with an intent to cause harm
- That the surviving family members are suffering from monetary loss or injury because of the death
- That an appointment of a personal representative has been made for the decedent’s estate
Where to Obtain Further Information
You can visit kileylawfirm.com to review the kinds of claims that personal injury lawyers handle. That way, you can better understand the scope of their services. A wrongful death claim can originate from a number of situations.
For example, a wrongful death lawyer may handle a claim that involves medical malpractice that is the cause of a decedent’s death. He or she may also handle claims that cover areas that are related to an airplane or automobile accident, or a death during a supervised activity.
Occupational exposure to hazardous substances or conditions is also covered by a wrongful death lawyer. The financial or pecuniary injury is the primary gauge used for wrongful death actions. Pecuniary injuries, as defined by the judicial system, include the loss of services, support, and the prospect of inheritance. The compensation also extends to medical and funeral expenses.
Most laws require that wrongful death damages be awarded that are fair and just. Other criteria are also used, including the decedent’s age, condition, character, and earning capacity, during his or her life.
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