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Proving the necessary elements may help your wrongful death claim

On Behalf of | May 12, 2017 | Firm News

Though the death of a loved one can make it seem like the world has come to an end, you realistically know that life must go on. However, that does not mean that you have to automatically pick up your life as if you have not just gone through a traumatic experience. If your loved one’s death occurred due to the negligence of another person, you may have an even more difficult time coming to terms with the situation.

In order to gain closure, you may wish to consider taking legal action against the individual considered responsible for your family member’s death. Because a wrongful death case looks at a substantial amount of information relating to the fatal event, you may wish to understand what your case may entail.

Basis for a case

In order for your wrongful death claim to prove successful, you will need to prove certain elements. Those elements include:

  • Proving an individual died
  • Proving that the death was caused by another person’s intentional or negligent actions
  • Proving that you — as a surviving family member — have suffered financially due to your loved one’s death
  • Proving the appointment of an estate executor or personal representative

By proving these aspects of your situation, the court can gain an idea of how the loss has affected you and how it could continue to affect you in the future.

Damages

You may have a goal of obtaining some form of compensation from the individual considered at fault for the fatal event. Damages in wrongful death cases tend to relate to the monetary losses you suffer. For instance, if you had to attend to medical and funeral expenses, those losses will likely fall into the compensable category. Additionally, the court may estimate costs for other hardships, including loss of support and lost prospect of inheritance.

Various life factors of your family member go under consideration when estimating damages. His or her age, health, earning capacity and other aspects could play a role in the awarded compensation.

Other benefits

Though a successful claim could help you gain monetary compensation for your losses, pursuing a case could offer other benefits as well. You may learn important information about the fatal event and see the party considered at fault facing justice. These aspects could help you find the closure you likely crave after such an ordeal.

If you hope to find out more information on wrongful death claims, you may wish to speak with an experienced Pennsylvania attorney. Having more knowledge may help you determine whether following such a route could suit your circumstances.

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