Losing a family member in an accident is devastating and it is important that you understand your rights and legal options. Knowing your rights can help you secure justice for your lost loved one. As experienced lawyers, Dempsey, Roberts & Smith can provide assistance in navigating the complexities of wrongful death cases and help you secure justice for your loved one. In this article, we will discuss how to approach wrongful death cases and the legal rights associated with them.
Understanding Wrongful Death Cases
Wrongful death is defined as a death caused by the negligence or wrongful conduct of another person or entity. In order to prove wrongful death, it is essential to provide evidence that the responsible party acted carelessly or recklessly which ultimately resulted in the death of an individual. Wrongful death cases can be complex and often require the assistance of an experienced law firm in order to secure justice for lives lost, and suffering caused by negligent behavior.
For wrongful death cases to be successful, certain elements must be present:
1. Duty of Care: The defendant must have owed a duty of care to the decedent. A company, for example, owes its employees a duty of care by providing safe working conditions.
2. Breach of Duty: The defendant must have directly contributed to the decedent’s death through negligent acts or omissions.
3. Causation: A breach of duty must be proven to be the direct cause of the decedent’s death and the resulting damages suffered by his or her family members.
4. Damages: There are economic damages the loved ones of a deceased can claim, such as medical bills, funeral costs, lost wages, etc. Also, there are non-economic damages that are compensation for the grief and the loss of companionship suffered.
Responsible Parties in a Wrongful Death Case
The responsible parties in a wrongful death case may include individuals, doctors, healthcare providers, manufacturers, employers, and government entities. Depending on the circumstances surrounding the case, multiple parties may be held liable for the damages caused. Therefore, it is important to understand who may be held responsible in order to build a strong case and secure compensation for you and your family.
Rights & Damages Claimable Under Law
When dealing with wrongful death cases, there are certain rights that families have under the law when seeking proper compensation for their losses. These include economic damages such as medical expenses incurred prior to a loved one passing away, as well as pain and suffering endured during the time leading up to the death. Furthermore, families could receive compensation for non-economic damages such as loss of companionship; punitive damages aimed at punishing those responsible for their negligence; and statutory damages related to lost wages/salary which could have been earned had they not passed away prematurely due to someone else’s negligence or wrongdoing.
Contact Our Henderson Wrongful Death Team Today
At Dempsey, Roberts & Smith, our wrongful death attorneys provide our clients with comprehensive and effective legal representation. Among our duties to you is to act as a counselor by providing you with advice based on our legal experience, both inside and outside of the courtroom. If you have any questions concerning our firm, your case, or legal processes, please do not hesitate to contact us. Our Henderson wrongful death attorneys are here to help, contact them today at (702) 388-1216 to schedule a free consultation.