One of the necessary features of wrongful death claims involves the establishment of the fact that the family of the wrongfully deceased individual is a genuine ground for holding a compensation claim for seeking recovery against all the losses resulting from the death. It must be proven that the family has a legitimate claim against the defendant.
The surviving family must file a claim for wrongful death if their loved one died due to an accident. However, if they survive the accident, they can seek compensation on the grounds of a personal injury claim. Make sure to schedule a free initial consultation with an attorney to get a basic review of your case.
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Contents
Causation
Criminal negligence is not required in wrongful death cases. However, the person filing the claim must have genuine proof stating the defendant’s recklessness, which led to the accident either intentionally or negligently. They are also required to show that the negligence resulted in their loved one’s death.
Further steps involve displaying substantial proof for showcasing that the death of their loved one caused significant damage to the other family members. They must satisfy the needs of the case, which involves displaying that the defendant failed to comply with reasonable care of duty, which led to numerous losses experienced by the surviving family.
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Reasonable care
Reasonable care refers to how a person is expected to act in a specific situation. It is used as a basis to decide whether a person is responsible for the after-effects of an accident. Reasonable care is used as a standard to demonstrate how a normal person is expected to act in a given situation so that the safety of another individual is injured.
Acts of negligence like a failure to follow route safety, maintaining the required standards of medical practices, etc., come under noncompliance with reasonable care.
Proving negligence is a must. After the establishment of negligence committed by the defendant, the case can proceed to seek the available legal remedies for the victim or his or her family. In case the accident resulted in the death of a person, the surviving family can file a case for wrongful death instead of personal injury to seek compensation. The compensation entails all the losses resulting from the accident, which includes financial support, loss of consortium, loss of companionship, pain and suffering resulting from the accident, etc.
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