Losing a loved one in a tragic accident is never an easy thing, and lengthy legal proceedings can make things seem worse. However, if an accident is a wrongful death, you may be entitled to make a recovery, depending on the facts surrounding the case. When is an accident a wrongful death?
A wrongful death claim is based on negligence.
One of the cornerstones of a wrongful death claim is whether or not the responsible party was negligent in causing the death. If the defendant's actions caused the death of your loved one, and the defendant was negligent or could have prevented the death, you might have a wrongful death claim on your hands. If the defendant had behaved in a different way or may have reasonably foreseen the potential injury but failed to act accordingly, you could have a wrongful death case.
To pursue a wrongful death claim, you must prove damages.
In order to make a recovery in a wrongful death claim, you must be able to prove damages. This can be as simple as establishing lost wages for your loved one's lifespan, or it may be as complex as evaluating benefits for you and your children that you are no longer eligible to receive. A wrongful death claim is the avenue whereby you may pursue monetary damages caused by the death of your loved one.
What type of accidents may qualify as a wrongful death?
Wrongful death cases aren't exclusive to a specific type of accident, but many types of accidents can spur wrongful death cases. Product defect or product liability cases, construction accidents, car accidents and even medical malpractice cases can all be at the root of a wrongful death case. As long as you can prove that the death is caused by the defendant's actions and negligence, you may have a wrongful death case.
If you have lost a loved one as a result of a wrongful death and you have questions about your legal right, please call Fort Worth Board Certified Injury Attorney Mark A. Anderson at 817-294-1900. Or you can contact Mark A. Anderson Online.