A Guide To Wrongful Death Claims
Losing someone you love is a horrible experience. Everybody deals differently with their grief. Some seek out family and friends, others withdraw into themselves, some are overwhelmed with sadness, and others feel aggression. Questions oftentimes pile up in your mind, especially if the circumstances surrounding the death are unclear.
If somebody else's negligence has caused the death of your loved one, you may want to see them face the consequences for it. One way to achieve this is by filing a wrongful death claim against them. However, not everyone is eligible to file such a claim, but one way of finding out whether you are or not, is by consulting with ICBC Lawyers in White Rock. They understand the nuances of injury lawsuits and can help people undergoing the trauma of losing someone they love in an accident.
How to Prove A Death Was Wrongful?
There are four major factors to a wrongful death claim which need to be proven true for your case: negligence, causation, a breach of duty of care, and directly resulting damages. The first, negligence, is oftentimes a contributing factor in personal injury law. This can be proven in a number of ways, and will often involve evidence in the form of video footage, through witness testimony, or examination of physical evidence obtained at the site.
Next, you or your ICBC Lawyers in White Rock will need to prove that the defendant owed a duty of care to your deceased loved one, whether it be directly to them, or to a group which your loved one was a part of, like the general public. Once that has been established, you will need to prove that this duty of care was breached through the behavior or actions of the defendant. And finally, you will need to prove that damages resulted from this, whether they be in the form of medical bills, funeral expenses, pain and suffering, inheritance loss, or lost income. When you work with a lawyer, they take care of collecting evidences, dealing with law enforcement agencies and take care of other legalities.
Eligibility For Filing A Wrongful Death Claim
Some states will require a personal representative to file such a claim. This representative will have been declared in either the will or estate plan of the deceased. If no such document is found, however, the representative will be appointed by the court. The claim be filed on behalf of the spouse, parents, and children (in or outside of marriage) of the deceased, as well as blood-related relatives and adopted siblings who were reliant on the deceased individual’s support. Some states will have specific laws which exclude children unrecognized by the deceased from the right to damages.