Wrongful Death Attorney

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When a person passes away due to the negligence or recklessness of another party, the victim’s immediate family may bring a lawsuit to recover for emotional damages and the loss financial benefits due to the death. The family members that can bring forth a wrongful death lawsuit include spouses, children, or parents.  

What is a Wrongful Death Lawsuit?

Surprisingly, wrongful death lawsuits have only been allowed in the past century. In the old days in English and early American courts, the right of deceased persons to bring lawsuits for the negligence of another party died with them. However, now people cannot escape liability just because the injured person’s damages were so severe that it resulted in death.  However, it is essential to hire a wrongful death attorney to maximize the amount of compensation you can receive for your case. 

How Do I Prove a Wrongful Death Lawsuit?

To put it simply, in order for a representative to bring a wrongful death suit, the deceased person must have been able to bring his own lawsuit had he or she still been alive. Therefore, the wrongdoer must have intentionally, recklessly, or negligently acted in a way that caused the deceased person’s death.  

Negligence: in order to prove negligence, the plaintiff in a wrongful death lawsuit must show that 1) the wrongdoer owed a duty, 2) the wrongdoer breached that duty, 3) the wrongdoer caused the plaintiff’s injuries, and 4) the plaintiff suffered damages.  

Duty: this essentially means that the defendant owed the plaintiff a duty to refrain from acting in a way that would cause foreseeable harm. For example, a driver of a car owes a duty to refrain from drinking and driving because these actions are likely to cause an accident and injure other drivers on the road. Also, its important to note that a judge and not a jury will decide if the defendant owed a duty of care to the plaintiff.  

Breach of Dutythis is where your lawyer will shine bright. In order for the plaintiff to show that the defendant breached his duty of care, the plaintiff’s lawyer must present compelling evidence and bring forth strong arguments.   

Causation: the plaintiff must also show that the defendant’s actions were the actual cause of the plaintiff’s injuries. For example, a plaintiff driver must show that the defendant was the one who hit his or her car and not some other driver. 

Damagesin a wrongful death suit, the plaintiff’s damages are usually not in the form of physical damages. Usually, the plaintiff’s damages include emotional pain and suffering, and loss of financial benefits due to the fact that the deceased person was likely supporting the plaintiffs.  

Intentional Acts: wrongful death suits based on an intentional act usually come in the form of criminal activity. Murder, assault, battery, arson, are some but not all forms of intentional acts; if your loved one died during the commission of one of these act, then you may be able bring forth a wrongful death lawsuit.  

Why Choose Miracle Mile Law Group to Represent Your Wrongful Death Lawsuit?

Wrongful death lawsuits are more serious than you average personal injury lawsuit. Often times, a loved one is suing not only to recover for damages but to find justice.The wrongful death attorney at Miracle Mile Law Group understands the complexities and difficult nature of a wrongful death lawsuit and will fight vigorously to maximize the value of your case. Give us a call at (888) 244-0706 or fill out a contact form to receive a free consultation. Remember, we don’t charge a single penny unless we WIN!