One of the most difficult experiences a person will have to endure in their lifetime is dealing with the death of a loved one. It might be much more difficult to comprehend a death when someone else’s carelessness was the main contributing factor. Knowing that if the responsible party had not acted negligently or carelessly your loved one would be alive is a difficult reality to accept.
Law Offices of Fernando D. Vargas cannot make your loved one come back, but we might be able to make them answerable. Discover the three factors that must be shown in a wrongful death lawsuit by reading on. If you want a no-cost legal consultation, call us at 909-982-0707 instead.
Element 1: The Death Was Caused by a Recognizable Incident
First, it must be established that the victim’s death was caused by a particular occurrence. Traffic accidents, premises liability accidents, defective products, explosions, boating accidents, fires, construction site accidents, medical malpractice accidents, DUI accidents, nursing home abuse, recreational or sporting activities, elder neglect, or dog bites are a few of the most typical examples of this. These are but a few instances, but the important thing is to demonstrate that a particular event led to the wrongful death.
Element 2: The Death Was the Result by a Party’s Wrongful Act or Negligence
The death itself was caused by a wrongdoing or neglect by another person was the next item that needed to be established. For instance, if the case includes a deadly automobile accident, it may be necessary to show that the party at fault failed to surrender the right of way and contributed to the catastrophe. There must be evidence demonstrating a connection between the negligent party’s acts or inactions and the victim’s demise.
Element 3: The Plaintiff Experienced Loss and Damages
The plaintiff of the wrongful death action must also be proved to have incurred losses and damages. This might include funeral expenditures, loss of physical assistance, love and devotion, or the potential future earnings of the accident victim. It could even include medical costs incurred before to the loved one’s death.
The most challenging aspect of most wrongful death lawsuits is typically demonstrating that carelessness or malfeasance directly contributed to the victim’s death. The good news is that an adept wrongful death lawyer is capable of handling this. Call Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation if you are grieving the untimely death of a loved one and think that someone or some organization is to blame.
