Important Elements of a Wrongful Death

A wrongful death case is no ordinary personal injury situation. Because a life was taken, it is a sensitive subject that could affect your life permanently if the right steps are not taken.

Who Can File a Wrongful Death Claim?

There are many stipulations regarding these cases, one of which is who can file a wrongful death claim. It can be a spouse, a parent of a minor who passed on, or someone who was appointed to handle legal matters according to a will.

Where the lines start getting blurry is when extended families come into play. Cousins and uncles, for example, may try to seek damages resulting from the death. However, it is often hard to show why these parties deserve to be compensated, and then there are always special cases. A life partner, in some states, can start a wrongful death claim along with anyone who is financially dependent on the person who passed away.


In order to have a valid claim, you need substantial evidence showing why someone’s actions caused the death. The defendant needs to have owed your family member a duty, or a role of keeping them safe. It may deal with an automotive part or a medication.

You then need to prove that this duty was breached and caused damages. An attorney can help you prove these things in court, and take you through each step so that it doesn’t seem as intimidating. After all, you’ve been through a lot already.

Although stressful to deal with, wrongful death cases don’t have to be as complex when you do a little research on your own. Know the ins and outs of your claim so justice can be served as quickly as possible.


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