4 Key Factors in All Wrongful Death Claims

by actuate | June 21st, 2021

Wrongful death lawsuits are both extremely emotional and highly complex. They involve getting compensation for the death of a loved one, which is an irreplaceable and often life-changing loss. They also involve a party or parties that often fight back aggressively to avoid liability or paying any compensation to the victim’s family members.

For wrongful death claims to be successful, there are four elements that must be proven or demonstrated.

  1. Negligence—First, there must be proof that the victim died because of negligence, carelessness, or recklessness.
  2. Breach of duty—Second, there must be proof that the person or party whose negligence resulted in the death owed the victim a duty of care. For example, drivers owe other motorists a duty of driving safely, while doctors owe their patients a duty of practicing medicine safely.
  3. Causation—When it’s established that the defendant was acting negligently, it also must be established that their negligence caused the victim’s death.
  4. Damages—A death on its own is tragic, but wrongful death lawsuits must also factor in quantifiable damages for things like medical bills, funeral expenses, lost income (current and future), loss of companionship, pain and suffering, and more.

At Lowell Stanley Injury Lawyers, our Virginia wrongful death attorneys have years of experience proving and demonstrating these four key factors, and we don’t shy away from wrongful death claims that other firms may turn down. Contact us today for a free consultation. We’re ready to put our experience to work for you.