Tuesday, March 24, 2015

Bereaved Family Members Aim for Justice

The loss of a family member in a tragedy puts their bereaved in a pursuit for justice. A wrongful death attorney factors into the equation. When people lose their loved ones due to the fault of others (through negligence, recklessness, etc.), they will want to receive justice for that loved one’s death through a wrongful death lawsuit. 

Proving the defendant’s negligence is vital in the proceeding. The plaintiff must successfully prove four elements to the court, namely the duty of care, breach of duty of care, causation, and damages.

The first aspect requires evidence that the defendant had certain rules to obey, and that failing to do so led to the victim’s death. The breach of duty of care is similar to the first element, yet the defendant mainly owes his actions to himself. Causation implies that the damages are caused by the defendant's breach of duty of care. 

Parents of a deceased child may seek compensation, though they are limited only to their financial loss. The amount that parents may receive is determined by the child’s age, gender, habits, health condition, and life and work expectancy. It's for this reason that a lawyer can help secure as much compensation as possible.

No comments:

Post a Comment