To pursue compensation for a wrongful death claim, you will generally need to prove that your loved one’s death was caused by the negligent, reckless, or intentional actions of the other party. Often, wrongful deaths will generally involve negligence claims, which will typically require that you prove four key elements including duty of care, breach of duty, causation and damages:
- Duty of Care – You will generally need to prove that the other party owed the victim a duty of care, such as the duty to avoid causing an accident while driving.
- Breach of Duty – You must also prove that the other party breached their duty of care, such as driving while intoxicated.
- Causation – You must prove that the other party’s breach of their duty of care to the victim caused the victim’s death.
- Damages – Your loved one’s death usually satisfies the damages element of a wrongful death claim but will also usually include any medical expenses, burial costs, and other economic or non-economic damages.
If your loved one was killed in an accident that may have been caused by someone else, you should contact Michael J. Brennan to take advantage of his years of experience in helping victims, and their loved ones seek any compensation they may be entitled to after an accident.
