Dealing with the loss of a loved one is one of the hardest things a person will have to go through in their lifetime. When that death was the cause of someone else acting negligently, it can be even harder to accept. Knowing that if the responsible party had not acted negligently or carelessly your loved one would be alive is a difficult reality to accept.
While Law Offices of Fernando D. Vargas cannot bring back your loved one, we may be able to hold them accountable. Keep reading to find out what three elements are required to prove a wrongful death case. Then contact us at 909-982-0707 if you would like a free legal consultation.
Dealing with the loss of a loved one is one of the hardest things a person will have to go through in their lifetime. When that death was the cause of someone else acting negligently, it can be even harder to accept. Knowing that if the responsible party had not acted negligently or carelessly your loved one would be alive is a difficult reality to accept. While Law Offices of Fernando D. Vargas cannot bring back your loved one, we may be able to hold them accountable. Keep reading to find out what three elements are required to prove a wrongful death case. Then contact us at 909-982-0707 if you would like a free legal consultation.- The Death Occurred from an Identifiable Incident First, it must be proven that the victim died as a result of a specific incident. Some of the most common examples of this are traffic accidents, premises liability accidents, defective products, explosions, boating accidents, fires, construction site accidents, medical malpractice, DUI accidents, nursing home abuse, recreational activities or sports, elder neglect, or dog bite. These are just examples but the key is that you can prove that a specific incident caused the wrongful death.
- The Death Was Caused by the Wrongful Act or Negligence of a Party The next thing that must be proven was that the death itself was caused by a wrongful act or negligence by another party. For example, if the case involves a fatal car accident then this may involve proving that the at-fault party did not yield the right of way and caused the accident. There must be proof that there was a direct correlation between the actions or inactions of the at-fault party and the death of the victim.
- The Person Bringing Suit Suffered Losses and Damages Finally, it must be shown that the person bringing the wrongful death lawsuit has suffered losses and damages. This could include medical costs before the death of the loved one, funeral expenses, loss of physical help, love and affection, or the future earnings of the victim of the accident. The most difficult part of most wrongful death cases is generally proving that negligence or wrongdoing directly caused the death of the person. The good news is that an experienced wrongful death attorney knows how to do this. If you are suffering from the unnecessary death of a loved one and believe that a person or company is responsible for said death, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
