In order to win a wrongful death claim, the plaintiff must show that the defendant was guilty of negligence. That means that the guilty party must have carried out careless and neglectful behavior.
Proofs required by court, if plaintiff has charged defendant with negligence.
Proof of defendant’s duty to care about the decedent’s safety: A judge decides whether or not the defendant owed a duty of care to the deceased.
Personal Injury Lawyer in Bedford know that proof that the defendant’s actions, or lack of action demonstrated a breaching of the identified duty of care. The plaintiff must introduce evidence of a breach. The judge must decide whether or not the harm that had resulted from the breach would have been foreseeable.
Causation: Proof that the breach carried out by the defendant was the cause for the injury that had killed the plaintiffs’ relative. The plaintiff must produce the evidence that has the ability to support the existence of the element of causation. The judge must check to see if the stated cause would qualify as a proximal one.
Evidence of measurable damages: The fact that the accident has resulted in death should allow for an assumption of damages.
What are the exact damages for which the plaintiff deserves to be reimbursed?
Pain and suffering: Some of the victims with catastrophic injuries undergo treatment in the hospital, before failing to respond to that prescribed treatment.
• Funeral and burial expenses
• Loss of access to the decedent’s income
• Loss of inheritance: Deceased died before having willed all or a portion of the estate to one or more of the plaintiffs.
• Loss of services: Plaintiff must now pay for performance of services that had been carried out by the deceased.
• Loss of care and guidance: That claim could come from a minor, or from a disabled or handicapped member of the deceased’s family.
• Loss of love and companionship: That claim could come from a relative of any age.
• Loss of consortium: That claim would come from a spouse of the deceased.
Who would qualify as being deserving of a damage award?
Those would be the relatives that were close to the deceased. In addition, anyone that had been charged with handling the estate of the deceased might qualify for receipt of a damage award.
A listing of those that qualified would not include any former spouses, if the decedent had been through prior marriages. By the same token, it would not include any stepsons or stepdaughters, unless those were the closest surviving relatives.
Who would have the right to introduce the wrongful death lawsuit?
That would be the closest of the surviving relatives; in addition, it would include the person that had been in charge of handling the decedent’s estate.