Some Elements of a Wrongful Death Claim

Some Elements of a Wrongful Death Claim

Losing a loved one is always difficult. Many people do not live long enough to die of a natural cause. Most of the time, they lose their life as a result of an illness, or an accident.

Did you know that every year, thousands of people die as a result of an accident caused by someone else’s negligence? If you have lost someone dear, and you believe that they were killed in an accident which was caused by the other driver, you may have the right to file a wrongful death claim.

Here is everything you need to know about the wrongful death claim, and the elements of the claim that you need to understand before filing it.

Negligence is Everything

The first part is usually proving who was at fault that day. This includes a thorough investigation done by experienced investigators. If you believe that you can prove negligence on your own, you are wrong. You will be facing the other party’s attorneys, and doing it on your own is not an option (unless you are an attorney). We advise you to speak with wrongful death attorneys in Kansas City and explain to them your situation and what you believe to be the truth. Once they evaluate your case, they will let you know whether or not it is possible to take it to the next level: performing an investigation and pursuing the claim.

Be sure to always check with your attorney before jumping to any conclusions.

Was There a Breach of Duty? Damages Sustained in the Accident

In order to have a successful claim, you have to prove that the defendant owed a duty to the deceased victim. This is a key factor in every case. However, proving that the defendant was at fault and that they breached their duty of care can be extremely difficult. It may require additional investigation, talking with the eyewitnesses, using video evidence (if any exists) from the accident scene, talking with the doctors and medical personnel who were both at the scene and those in the hospital. Once it is established how the deceased died and what the defendant’s duty was (and that it existed at a time) if there is evidence that there was a breach of duty, you will have a case and will be able to seek compensation for:

  • Deceased’s medical bills
  • Loss of companionship
  • Any potential income that the deceased could have earned during their lifetime
  • Funeral and burial costs

Again, in order to prove everything, you are going to need help from a skilled and experienced seasoned attorney, someone like the Kansas City Wrongful Death Attorneys at Mayer & Rosenberg, P.C. Be sure to give them a call and they will gladly help you with your case.

Going through the loss of a loved one is difficult, and it could change your life. However, it is important to stay strong and to seek justice for the surviving family members. Do the right thing, give us a call and let us help you receive what you are owed!