Losing a family member in a wrongful death case is devastating. Wrongful death happens due to negligence or breach of duty. The deceased person’s family needs justice and deserves compensation for their loss. Attorneys at Correll Law Firm in Winchester will advocate for you and ensure you are financially compensated for your damage.
Elements of a Wrongful death case
An attorney can help you prove these four elements of a wrongful death case to obtain the compensation, failing which you might not be entitled to the settlement.
- Duty of Care: This implies showing the defendant his duty of care towards your loved one; this is the ground on which you do other legal proceedings against him.
- Breach of Duty of care: Here, you will have to prove that the defendant has breached his duty or failed to meet the duty of care.
- Causation: Your attorney will now demonstrate how the breach of duty has resulted in the wrongful death of your family member. He may present evidence against the defendant, proving that he was at fault.
- Damage: Finally, your attorney will prove how the death has damaged and impacted your life financially. And that you are entitled to compensation. This compensation may also include medical bills and funeral expenses.
How a Lawyer builds a case
Your lawyer will interview your family and close ones to know detailed information about your family member’s accident. If the death is due to a car accident, he will review witness statements, police reports, and any photos/videos of the accident scene.
If the death is a result of medical malpractice, he will review treatment records of the deceased and will reach out to a medical expert for assistance. They might provide insight into whether the treating doctor acted with the same level of skill and care that a doctor with similar training would have rendered under the same circumstances.
What a Lawyer does to seek justice
Once the legal team gathers all evidence, the lawyer ensures your case meets all the elements(duty of care, breach of duty of care, causation, damage) and has enough evidence to make a win. A wrongful death lawyer could file a lawsuit on your behalf, on behalf of one or more family members, or as a representative of a loved one’s estate, depending on the state laws.
Sometimes the two sides cannot reach an agreement, and the lawsuit goes to trial. If negotiations do not result in a settlement that you and your lawyer consider fair, your lawyer could take the case to trial.