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4 elements that must be present for wrongful death

On Behalf of | Aug 28, 2020 | Wrongful Death

Learning that you lost a loved one in a car wreck is a traumatic experience. It might become even more difficult to cope with the situation if you learn that the crash was caused because of a negligent driver. It’s normal to feel upset, and some individuals might get downright angry. Instead of using those emotions to fuel negative situations, you can use them to push your desire to seek justice for your loved one’s death.

One option that you have is to file a wrongful death claim. This is an opportunity to use the legal system to seek financial compensation from the person whose negligence claimed your loved one’s life.

But first, there are several elements that must be met in order for this type of matter to move forward in the court system:

  • Your loved one must have been a human being.
  • Their death had to be due to an intent to harm or from negligence.
  • Surviving family members must have financial losses due to the tragic death.
  • The estate must have a personal representative.

This claim is made through the civil court system, but it’s still possible that there will be a criminal case that stems from the wreck. These two cases are fully separate so the person can be found liable in civil court but not guilty in criminal court or vice versa.

Working closely with an attorney can help you assemble a winnable case. You have to think carefully about how to proceed if you want to prevail. In addition to a monetary settlement, ideally, the case should provide you with some measure of closure.

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