Wrongful death lawyer is here for you
A wrongful death lawyer is here if you’ve lost a loved one due to the negligence of another. These suits are civil suits that allow the family of a deceased person to gain financial compensation to cover the expenses of the loved one’s death and are filed against the person who directly or indirectly caused the death by being negligent. Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Wrongful death claims are often based upon death resulting from negligence; for example, following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, or medical malpractice. Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway. It allows a lawsuit to be filed even though the person who was harmed is no longer alive to bring the case.
When do wrongful death claims apply?
Wrongful death claims can arrive in situations where a victim who would have a personal injury claim is killed due to the defendant’s wrongful actions. This can occur in a variety of situations, like when someone is intentionally killed. Even if someone is facing criminal charges, they can still be sued in civil court for the victim’s wrongful death. A wrongful death claim is also applicable when someone dies as a result of medical malpractice. If a doctor fails to diagnose or misdiagnose a condition, or if they act carelessly while providing care, and a patient dies as a result, a wrongful death action might be possible against the doctor. Car accident fatalities involving negligence can also lead to wrongful death claims. A wrongful death lawsuit can be filed against individuals, doctors, and other medical professionals, companies that develop and manufacture products, and government agencies.
Who can file for a wrongful death claim?
People can pursue a wrongful death lawsuit if a loved one’s death results from someone’s negligent actions. A few examples of people who could be at fault for someone else’s death could be a driver in a car accident, a bartender who served too much alcohol to someone who then drove, a doctor who failed to diagnose a medical condition, or the owner of a business that failed in the upkeep of their property.
How to prove wrongful death
- Duty of care: The duty of care is the responsibility to act in a reasonable and responsible manner. For example, drivers owe a duty of care to other drivers, passengers, and pedestrians. Motorists are expected to obey traffic laws and not engage in dangerous or reckless acts such as driving while under the influence of alcohol or drugs or texting while behind the wheel. If you choose to file a wrongful death lawsuit, you will have to show that the defendant owed a duty of care to your loved one.
- Violation of the duty of care: The next thing you will have to prove is that the defendant was negligent. According to the Legal Information Institute (LII), negligence is “[a] failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” That may mean, for example, that a driver behaved in a reckless manner that endangered your family member. If the motorist violated a traffic law or drove a car that he or she knew was unsafe, you may be able to prove that the driver violated the duty of care and was negligent.
- The defendant’s negligence caused the death of your relative: Next, you will have to show that the defendant’s violation of the duty of care was the direct cause of your loved one’s death. This is often the most difficult element to prove. In most states, a jury will be required to determine whether the defendant was negligent based on a preponderance of the evidence. If the driver ran a red light and collided with your family member’s vehicle and your relative died as a result, the driver may be found negligent and may be held liable for your loved one’s wrongful death. If the other driver was behaving negligently but that was not the direct cause of your relative’s death, the driver may not be found liable.
Damages in wrongful death can include
- The deceased pre-death pain and suffering
- Medical expenses the deceased incurred as a result of injury before their death
- Funeral and burial expenses
- Loss of income from the deceased person
- Loss of inheritance as a result of death
- Loss of love and companionship
- Loss of consortium
Justice Services is Charlotte’s top personal injury attorney and is here for you when the unthinkable happens. Contact us for a wrongful death lawyer to handle your case. You Deserve Justice! Contact the Charlotte Law Offices of Justice Campbell. You can also call us at 704-334-1312. We will get you the compensation you deserve. No fee unless we win.