What is Negligence?

If your loved one passed away due to an accident because of someone else’s negligence, you may be able to pursue a wrongful death claim. Wrongful death claims provide compensation to the surviving family members of the deceased. This compensation can be used to pay for medical bills, funeral costs, and other expenses related to your loved one’s death.

When pursuing a wrongful death lawsuit, establishing negligence is essential. Four key elements of negligence must be proven:

Duty of Care

The liable party must have owed your loved one a legal duty of care. Duty varies based on the relationship between both parties, like a driver and a pedestrian or a doctor and a patient.

Breach of Duty

You must be able to prove that the liable party breached their duty of care. A breach of duty means that the party acted in a way that is different from the standard of care that a similar person would provide in similar circumstances.

Causation

There must be a direct connection between the liable party’s actions (or inactions) and the death of your loved one. This can be proven through physical evidence like photos, videos, and witness testimonies. It is also essential to eliminate other causes of your loved one’s death.

Damages

To receive compensation, you must prove that your loved one’s death cost you a financial loss. This can be economic damages, like medical expenses, or non-economic damages, like loss of companionship.

Losing a loved one is always difficult. Pursuing a wrongful death claim can help you and your family seek justice. For more information, contact our personal injury law firm at 336-537-5547.

What Evidence Can be Used to Support Negligence?

Gathering evidence is a key component of wrongful death lawsuits. Our team of attorneys will help you gather evidence to bolster your claim and prove your loved one died as a result of negligence.

Evidence that can be used in a wrongful death claim includes:

Witness Statements

Witness statements help corroborate the details of the accident. Your witnesses must be credible, and their statements must include information on the accident and the negligence that occurred.

Expert Testimony

Medical and vocational experts can be called upon to give testimony in your case. Expert testimony helps bolster your claim and support witness statements.

Medical Records

Your loved one’s medical records can be used to show the extent of their fatal injuries. Medical records are critical pieces of evidence in medical malpractice cases.

Accident Reports

Accident reports detail who or what was at fault for the accident. These reports may have been made by police or business owners, depending on the nature of the accident.

How Much Compensation Can You Receive in a Wrongful Death Claim?=

The amount of compensation you can receive depends on the nature of your loved one’s death plus the damages you have sustained. You can work with our team to calculate the total financial loss you and your family have suffered because of your loved one’s death.

Generally, there are two categories of damages you can seek:

• Economic damages, including funeral costs, medical bills, loss of income, loss of pension plans, and loss of benefits.
• Non-economic damages, including emotional distress, loss of companionship, pain and suffering, and mental anguish.

Punitive damages may also be awarded if your loved one’s death was caused by extraordinarily negligent or hazardous actions. These damages are used as a punishment to dissuade the liable party from repeating their actions.

How Can an Attorney Help With a Wrongful Death Claim?

If your loved one passed away due to a negligent accident, you deserve to seek compensation through a wrongful death lawsuit. These civil suits provide compensation to pay for your family’s expenses and bills. While no amount of money can bring your loved one back, you and your family can rest assured knowing you sought justice on their behalf.

Our team at Rowland & Yauger Attorneys & Counselors at Law will fight on your behalf to get you the compensation you deserve. To learn more about wrongful death cases, contact our law firm today at 910-621-2991 (Carthage) or 336-537-5547 (Asheboro).