The unexpected loss of a loved one because of another person’s negligence is traumatic. In some cases, loved ones may want to avenge the decedent’s death. Filing a wrongful death claim is a legal option they have to do this.
A wrongful death claim is a civil case that can help loved ones to recover some of the financial damages they’re dealing with because of the death. These cases are complex, so it’s best for individuals who are considering this option to understand what’s required and how to proceed.
4 elements of a wrongful death claim
There are four specific elements that must be included when a wrongful death claim is filed. The first is that the negligent party must have had a duty of reasonable care towards the victim. The second is that the negligent party didn’t meet that duty. The third is that there must be causation, which means that the death must have been directly related to the failure to uphold the duty to the victim. The fourth is that there must be damages from the death.
If all four elements are present, the administrator or personal representative of the decedent’s estate will file the claim. The damages that are awarded in these matters are paid to the estate, which means they may be passed to beneficiaries based on the decedent’s estate plan.
Trying to work through a wrongful death claim can be challenging for someone who’s trying to heal from their loved one’s death. It may be beneficial for them to work with someone familiar with these matters.