If you have lost a loved one in a car accident, motorcycle accident, or other accident in which someone was at fault, you are dealing with one of the most difficult situations you will ever be faced with. You may wonder if there is some way to hold the at-fault party accountable. You may wonder if you have grounds for a wrongful death lawsuit. Read on to learn what three elements must be proven.
Element 1: The Death Was the Result of Negligence
First and foremost, we must prove that the death was the result of an intentional act, carelessness, a rash decision, or another type of negligence. For example, if the death was the result of a car accident, we must prove that the at-fault party acted recklessly by speeding, running a red light, or some other form of negligence. If it was simply an accident with no one at fault, then there is no one to sue.
Element 2: The At-Fault Party Had a Duty of Care and Breached That Duty
It is necessary to prove that the person you are suing violated some type of duty of care. For example, if an apartment owner hired someone who was not licensed to fix the electricity in your unit, and a fire resulted that killed a loved one, it is easy to show that the apartment owner owed you a duty of care as your landlord.
On the other hand, if the victim was trespassing on someone’s property, tripped over a branch, fell into a lake, and drowned, then the owner of that property likely did not have a duty of care to that person. It is true that a property owner is responsible for the safety of invited guests – but not necessarily for people who are trespassing.
Element 3: You Experienced Damages or Hardship as a Result of the Death
Finally, you must prove that you suffered damages as a result of their death. This could include lost income, medical costs caused by the accident before their death, funeral costs, and pain and suffering. While it may seem like the loss of your loved one should be damage enough, the law requires that there is some type of economic or non-economic damage that can be proven.
Call Us Today and We Can Get Started on Your Case Right Away
Right now is the right time to contact The Law Offices of Larry H. Parker at 800-333-0000 if you need to find out whether your wrongful death case meets the requirements described above. We begin with a free case evaluation so that you can learn more about the options. You should not have to deal with this on your own – let us help you get the closure and financial assistance you need.