Our Blog

Elements of a Wrongful Death Case

The aftermath of circumstances that result in a wrongful death can be devastating for a family. Determining if a lawsuit should be pursued can add even more stress. So to help you determine if you have enough for a wrongful death case, we’ve laid out a few elements that must be present.

Death

While this may seem obvious, the death of a human being must be present for a wrongful death case.

Cause

The death of the victim must have been caused by the negligence of someone or there must have been intent to cause harm.

A few situations that may result in wrongful death are medical malpractice, auto/airplane accident, exposure to hazardous situations on the job, and criminal activity. Essentially, a wrongful death claim can stem from most personal unjust situations.

Damages

In order for there to be a wrongful death case, you’ll need to prove that the defendant owed the victim a duty of care, that the defendant breached that duty, that the breach of duty was a direct cause to the death, and that the deceased left behind family members who are suffering monetarily as a result of the death.

These damages for which one can receive compensation include:

  • Victim’s pre-death pain and suffering
  • Medical costs
  • Funeral and burial costs
  • Loss of deceased’s income
  • Loss of inheritance
  • Value of services that deceased provided
  • Loss of care, guidance, or nurturing
  • Loss of love or companionship
  • Loss of consortium

Representation

Lastly, there must be a personal representative who has been appointed over the estate of the deceased.

If you think you have a wrongful death suit, contact the lawyers and Merrill, Merrill, Mathews, and Allen today.

**Disclaimer: This is not intended to be an exhaustive list of important questions. It is not intended to provide legal advice as every case is unique.**
Facebook
Twitter
LinkedIn

Call Us Today!

Open Monday - Friday
from 8:30 a.m. - 4:30 p.m.

(256) 236-5063

Free Case Evaluation

You may be wondering, “Do I have a case?” Allow us to evaluate for you.
  • This field is for validation purposes and should be left unchanged.