Losing a family member, especially when it could have been prevented, is one of the most traumatic events a person can ever go through. This is what many people encounter every day in situations where a wrongful death has occurred. When someone has died because of the negligence of a third party, their family members have the right to pursue justice. However, these cases can be some of the most challenging to prove and require the assistance of an experienced wrongful death attorney.
Guster Law Firm, LLC has a team of Alabama personal injury lawyers that know how to successfully validate claims of wrongful death negligence. We take on the responsibility of proving our clients’ cases so they can focus on the grieving process.
Elements to Prove For Wrongful Death Negligence
Even though a wrongful death negligence case means seeking compensation for the passing of a loved one and has different financial consequences, it is still treated similar to a general personal injury claim in terms of proving negligence. The victim’s family must establish evidence for each of the elements below.
- Duty: Before any claims of negligence can be substantiated, it has to be shown that the defendant either had a duty to keep the deceased safe from harm or to avoid taking any action that would put them in danger. Several factors are taken into consideration when determining if the defendant owed a duty of due care in the situation but instead acted careless, reckless, or negligent.
- Breach of Duty: If a defendant had duty of due care, it must also be proven that they breached that duty with a failure to act as they should have under the particular conditions that caused death.
- Causation: Next, it will have to be explained how the defendant’s actions directly caused the injuries that lead to the victim’s death. Usually, there cannot be pre-existing injuries or other factors that contributed in order for the defendant to be found accountable.
- Damages: Finally, it’s required that the victim’s death have produced quantifiable monetary damages that the plaintiffs are entitled to recoup.
Types of Damages That Can Be Recovered
Because of the severe nature of wrongful death negligence claims, the types of damages that can be recovered often vary from those typically awarded in personal injury cases. The surviving family members or beneficiaries may seek:
- Medical and funeral expenses incurred as a result of the injury and subsequent death
- Wages that would have been earned if the deceased had lived
- Loss of the deceased’s benefits, pension, and retirement
- Loss of care, companionship, protection, and services to the survivors
How Alabama Personal Injury Lawyers Can Help
If you have a loved one that has passed away and you are eligible to file a wrongful death negligence claim, you can count on the Alabama personal injury lawyers at Guster Law Firm, LLC to work hard to help you prove your case. We will examine all the evidence thoroughly to put together a strong case on your behalf. Contact us at (205) 386-6844 for a free consultation so we can analyze the specific circumstances of your dispute.