When a person dies because of the negligence of another person or entity, a representative of the survivors can sue for wrongful death. The person that brings the lawsuit is usually the executor of the estate of the deceased. The suit claims damages and compensation for lost income, loss of companionship, funeral expenses, and more. Medical expenses incurred before death can also be claimed, as can compensation for pain and suffering. Pursuing a lawsuit is complex. There are rigid filing deadlines that must be met. Always consult with wrongful death lawyers before taking any action.
The Elements of Wrongful Death
To win a case, the surviving members of the decedent’s family must support their claim. The law defines four elements. All elements must be proven to win the claim.
- Negligence: The surviving family members or their representative must prove that death was the result of a negligent act, recklessness, or carelessness.
- Breach of Duty: To be successful, the wrongful death lawyers must prove that the defendant owed the deceased a duty. To exemplify this, look at a couple of examples. The operator of a vehicle has the duty to drive safely and follow all the traffic rules and laws. Medical personnel has the duty to maintain the health of their patient. In a wrongful death claim in Joliet, the plaintiff must establish that the defendant did have a duty to the deceased and that such duty was breached because of a negligent act.
- Causation: In addition to proving breach of duty, the plaintiff’s lawyers must also prove that the death was caused by negligence on the part of the defendant.
- Damages: It must be proven that the loved one’s death caused quantifiable damages. Quantifiable damages include medical costs, lost income as well as pain and suffering.
Claims for wrongful death can become quite complex. It is important that the plaintiffs hire seasoned wrongful death lawyers.
If you lost a loved one as a result of negligence on the part of another, you would want to contact wrongful death lawyers. You are invited to contact Block, Klukas, Manzella & Shell, P.C. Injury Attorneys in Joliet. To arrange a no-obligation consultation, visit http://www.blocklaw.com.
