All sorts of fatal accidents, such as medical malpractice and auto accidents are covered in wrongful death claims. For defective products or medical devices that cause or contribute to the death of a person, wrongful death claims can also be filed over product liability issues. Today, we at Kajioka & Associates Attorneys at Law would like to discuss the elements involved in wrongful death claims.
What Makes Something a Wrongful Death?
If their actions or internal practices are deemed negligent or intentionally reckless, companies, people, and governmental agencies can all be found at fault for a wrongful death. A family member or representative of the deceased can file wrongful death claims. Life partners, immediate family members, financial dependents, or putative spouses can all be claimants. It is important to note that courts will usually allow just one wrongful death claim to be filed on behalf of the deceased party because family members will often argue about who should be the one to file a lawsuit. Courts will usually consolidate the claims into a single lawsuit if in the event two claims are filed. You will need to prove the following elements to receive compensation for the death of your loved one with the help of a dedicated wrongful death attorney like our team of attorneys at Kajioka & Associates Attorneys at Law if you plan to file a wrongful death claim.
You will need to prove the death of your loved one was caused because of the careless, reckless, or negligent actions of the person or entity you are suing when you file your wrongful death claim. You can argue that they have acted negligently and contributed to the death in question if the defendant failed to use reasonable care in the circumstances that caused your loved one’s death. A direct link between the defending party’s negligence and your loved one’s death is required to be established. It is so important to have the assistance of an experienced wrongful death attorney since this can be a difficult task.
Breach of Duty Proof
You are required to prove that the defendant owed a duty or legal obligation to your loved ones in a wrongful death case. Also, establishing the nature of the duty in question and how it was breached through the defendant’s negligent actions is required to prove that a breach of duty occurred.
Proof of Damages
The death of your loved one must have resulted in quantifiable damages, such as the listed below, to have a claim for damages.
– Pain and Suffering
– Medical Expenses
– Loss of Protection
– Loss of Income
– Funeral and Burial Costs
In order for your wrongful death claim to be successful, each of these elements have to be present. You should consult with an experienced attorney as soon as possible if in the event you think you have grounds for a wrongful death lawsuit.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
If you want to file a wrongful death claim in Las Vegas, NV, contact Kajioka & Associates Attorneys at Law today and let us assist you!