Components of a Wrongful Death Lawsuit

Posted by on Aug 5, 2017 in Wrongful Death

Wrongful death happens when a person has been unwarrantedly killed because of another. According to the website of the Milwaukee personal injury lawyers of Habush Habush & Rottier S.C. ®, the loved ones of those who have been wrongfully killed may have legal options, such as trying to get compensation from the damages they have sustained. But what constitutes a wrongful death lawsuit, exactly?

Death of a human being

The most basic component of a wrongful death, is of course, a death of a human being. That is why it is called wrongful “death” in the first place. The death can occur in two ways – it can occur instantly, wherein the victim has been killed in the scene immediately, or eventually, wherein the victim has been hurt in the scene and has died in a later time.

An event that has been caused by a negligent party

Another important factor is the event that has caused the death, whether immediately or eventually. This event can come in many forms, but their common aspect is negligence. A negligent party should be the one who has triggered the event, so this party can become liable.

The most common wrongful death events are abuses, car accidents, medical malpractice cases, premises and product liability claims, and workplace accidents. Again, it is important that a negligent party has caused the event, like abusive nursing home staff members, reckless drivers, incompetent medical professionals, negligent property owners, product designers and manufacturers, and employers.

Financial damages to the victim’s family members

A death of a family member can lead to a variety of financial damages, such as the medical costs, if the victim has not died immediately, funeral costs, lost wages and benefits, especially if the victim has been the primary earner in the family, and negative emotions that can ultimately lead to further financial damage, like psychological treatment costs.

Because the negligent party has basically inflicted these damages to the victim’s family members, it is just right that it is liable for them as well.

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