Saying your last goodbye to a loved one is already a painful experience, but it becomes unbearable if that is because of someone else’s ignorance or unethical actions. These kinds of unbearable situations compel the grieved family to look into the wrongful death claims to get the justice they need. If you have recently lost a loved one in El Paso then you might need to search a personal injury attorney in El Paso. But before that, it is important to know some things about the wrongful death claims.
Things You Need to Know About the Wrongful Death Claims
A wrongful death claim is a legal procedure filed by the grieved family of a person who has died because of the ignorance or the intentional act of the other party. This legal procedure is usually filed in civil court. And there are no criminal charges involved against the responsible party in this case. The major purpose of a wrongful death claim is to provide justice to the grieved family by compensating them and holding accountable the one who is at fault.
How Will You Know if You Can File a Wrongful Death Claim
It all depends upon the jurisdiction. The rules to file a wrongful death claim varies but usually, close blood relations like mother, father, siblings, husband, and children can file a wrongful death claim. And in some cases, individuals who can claim financial or emotional dependence on the deceased can also opt for this legal procedure. The plaintiff must be legally in the position to claim it. That means the plaintiff is capable of suing based on the proven record of their direct relationship with the deceased and the suffering they have to face because of the absence of the deceased. If a family wants to file a claim, they should be choosing one plaintiff to lead the claim.
Components of a Wrongful Death Claim
Some certain key aspects are crucial for a successful wrongful death claim. While the specific aspects can vary, some of the major elements are as follows:
There Should be a Duty of Care
The plaintiff is required to prove that the defendant has a legal obligation to act wisely and make responsible decisions in situations involving death. It means that it is a must requirement for the plaintiff to be able to provide solid proof regarding the defendant’s duty of care towards the deceased. Breach of Duty
It is a crucial part of this case to show that the defendant’s standard of care for the deceased was below acceptable limits. And the defendant was incapable of providing a standard level of care leading to the death of that person.
A Causal Link
There should be an established causal link between the breach of duty by the defendant and the death of the deceased. A plaintiff is required to provide an applicable causal link in this scenario.
Evidence of the Damages
The plaintiff is required to provide evidence regarding the damages they have to face because of the death of the deceased. These damages could be financial or emotional. For instance, economic losses include expenses related to funerals and also the loss of financial support. Emotional loss or non-economic loss includes loss of companionship, emotional suffering, and pain.
What is the Role of a Wrongful Death Attorney?
Dealing with the complexities of a wrongful death claim can be overwhelming for the family of the deceased. That’s where a wrongful death attorney leads the way to navigate through all these complexities on behalf of the grieving family. These attorneys are skillful in dealing with this kind of case and can provide strong guidance or support. A wrongful death attorney will be dealing with the following aspects:
Necessary Legal Procedures
It is important to hire wrongful death attorneys as they are well-versed in their field and they are well-aware of the rules and regulations to file a proper legal claim. They can help in the evaluation of a valid death claim and provide legal guidance and support to the grieving family throughout the procedure.
A thorough investigation by the attorney is a crucial part of the whole procedure. It involves observing the links of the defendant, conducting interviews with witnesses, and recreating the events to make proper sense.
Building a Powerful Case
Building a strong case is crucial and a wrongful death attorney makes it possible for the grieving family to have a powerful case. It involves gathering relevant evidence like medical history or reposts and witness statements. The attorney will also examine the damages the grieving family is facing to make sure they will get the appropriate compensation.
Advocate and Securing a Settlement
A wrongful death attorney will negotiate and discuss the conflicts with the defendant party and insurance companies. The main job is to secure a deserving settlement and compensation for the grieving family. If they are not providing the appropriate compensation then the attorney will advocate for the family’s rights in the court.
It is highly recommended to hire a wrongful death attorney to get tailored assistance according to your specific condition If you have lost someone because of ignorance or intentional misbehavior of someone. Nothing can replace the loss of a loved one, but appropriate compensation will provide you with some financial relief and a sense of justice.