Filing a wrongful death claim is not always easy for the victim’s family. It can be especially difficult to pursue a claim when loved ones are going through the grieving process and need answers to the many questions they have. Before deciding on filing a lawsuit, it is crucial that the victim’s family meet with a wrongful death attorney. Most attorneys offer free consultation appointments and work on contingency arrangements so individuals do not have to pay any upfront fees for the services they are seeking. An attorney can help individuals to understand their rights and whether or not they have a viable claim for wrongful death.
Wrongful death lawsuits may be filed when a person’s direct actions or negligence have caused the death. The wrongful death attorney will carefully review the information provided by the loved one to determine if the case will be able to stand up in court and prove the necessary burden of proof that is required of the plaintiff. It is imperative individuals fully understand the four key areas of wrongful death lawsuits before they begin the process.
- The family of the victim must be able to prove the defendant’s actions were reckless, careless, or negligent and that they caused the death of the victim. Even if the defendant did not mean to cause the victim’s death, they may still be held liable.
- The defendant must have owed a duty of care to the victim. The plaintiff must be able to prove a duty of care was owed and that it was breached. The attorney can help clients prove the duty of care existed through evidence that is administered as a part of the lawsuit.
- It is not enough to simply prove the defendant owed a duty of care, the plaintiff must also prove causation. This means the plaintiff proves the negligence of the defendant and their breach of duty caused the death.
- The plaintiff must also have measurable damages that can be determined by the attorney and the court. Medical bills, loss of income, and loss of companionship can all be considered, among other damages.
If your loved one’s death was caused by another person, it is imperative you seek legal help right away. For more information, visit Autoaccidentattorneyhonolulu.com.
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