Filing Wrongful Death
When a loved one passes away, the family is left with a huge void. Sometimes, this loss could have been prevented. With wrongful deaths, the family members of the deceased can file a claim against the ones responsible. Filing wrongful death claims must be done under certain circumstances. Let’s take a look.
How To File For Wrongful Death Lawsuits?
Family members are allowed to file a wrongful death claim against anyone responsible for their loved one’s death. Wrongful death lawsuits have to be reported within the first two years, but lawyers are pushing lawmakers for this timeframe to be extended.
What Are Some Factors That Must Be Shown To Have Occurred In A Wrongful Death Case?
Considering these are sensitive cases, it is important to take notice of the factors that your wrongful death attorney needs to comply with. The factors include:
The Defendant Owed The Deceased Or His Family Duty Of Care
This must be more than just the general duty to follow some basic rules of conduct. There must be a relationship between the defendant and the decedent that makes it reasonable for the defendant to owe them this duty.
The Defendant Breached Their Duty
This may happen through action or omission, but there must be evidence of negligence toward the decedent. For example, a driver may neglect his responsibility to others to drive responsibly by not giving the proper maintenance to the vehicle causing an accident that results in wrongful death.
The Defendant’s Breach Of Duty Was The Direct Cause Of The Wrongful Death
When a wrongful death case is represented, it is important to show that the defendant has breached their duty of care. This can be done by showing that they have been negligent in some way, which caused the victim’s wrongful death.
Let Us Help You
The Valente Law Group is a wrongful death law firm that helps the families of those who died due to another’s negligence. We’ve been helping families for years and would love to help yours. We know the pain a wrongful death causes a family, and we want to be there for you in your time of need.
We have handled cases ranging from different causes, but our number one priority is helping you get justice for your loved ones. If you have any questions, please contact one of our wrongful death lawyers.