Following the due process of law is in place for everyone’s benefit. With the help of lawyers, people will have a professional to help them with matters in court or outside of. Situations that benefit from legal advice can range from disputes such as child custody or contract violations to grievous issues, such as wrongful death claims. The latter refers to the case filed against a business or a person that is allegedly responsible for causing another person’s death. The process for wrongful death varies per state, but the things to be proven remain pretty much the same throughout. Here is a breakdown of how the lawyer and the loved one collaborate to win wrongful death claims.
The Elements Of A Wrongful Death
For one to be able to file a wrongful death claim, those involved must identify the elements that constitute such a death. For instance, the loved ones of the dead individual need to prove that the elements of negligence, breach of duty, causation, and damages were present when the wrongful death occurred. You can have a free consultation with a wrongful death attorney Houston to help you get the justice and benefits you deserve. Negligence equates to the careless conduct of another person. Known examples include drunk driving leading to car accidents or unsuccessful surgeries due to medical malpractice. Negligence will be found in a poorly manufactured product that leads to defects or even an intentional act such as an assault.
Murder Versus Wrongful Death
In identifying what constitutes wrongful death, it might be confusing to distinguish it from murder. University of San Francisco’s School of Law explains that murder cases are settled in a criminal court, whereas wrongful death cases are resolved in a civil court. For every defendant found guilty, the criminal court punishes them through incarceration or jail time. The civil court handles its defendants differently. If found liable for the wrongful death, the defendant will have to pay the “damages” to the surviving family members, the estate left behind, or both.
Determining The Damages
Another aspect that needs to be determined is the damages. While this can refer to material matters such as funeral or burial costs, damages will also refer to the emotional losses experienced by the bereaved, be it the care or companionship that was lost. The extent of damages comes into picture when one considers the financial support that the deceased could’ve kept providing, especially if he or she were the breadwinner of the household. These damages will need to be testified for by the loved one, expert witness, or any eligible person.
In the end, you can rest assured that lawyers can help civilians with wrongful death claims. What is important is that the elements are identified and that legal assistance is acquired immediately. The law sets the limit for filing wrongful death claims in years, which means someone can only file a claim only two or three years after the wrongful death. As soon as an attorney is acquired to help with this, the case should be expedited. For this reason, contacting a law firm specializing in wrongful deaths is recommended.
