How Courts Determine Wrongful Death

Courts Determine Wrongful DeathIf your spouse, parent, or child has died as the result of someone else’s actions, you may be entitled to wrongful death compensation. While no amount of money can bring your loved one back, this compensation can help cover funeral expenses and allow you to get back on your feet following the loss of the deceased’s income. Contact Joe Knows Law to find out what your options are if you are in this situation.

Elements of a Wrongful Death Case

In order to successfully win this type of lawsuit, you and your attorney must demonstrate the following to the court:

  • Someone died. Obviously, there is no case without your loved one’s death.
  • You were an immediate relative of the deceased. In most states, only an immediate relative—i.e, a parent, spouse or child—is entitled to this type of compensation.
  • The death occurred as the result of someone else’s actions.
  • The death was preventable.

The Negligence Standard

In order to win your case, you’ll have to prove that the other person was negligent. Negligence occurs when someone’s actions hurt or kill another person and the injury was preventable had the person taken reasonable precautions.

For example, if a car spins out of control because of weather conditions and kills a pedestrian, you probably don’t have a case if the car was maintained properly. If a drunk driver kills a pedestrian, however, you may have a case because drinking and driving is preventable.

Many deaths occur each year because of medical errors or injuries due to defective products. You may be entitled to compensation for these types of injuries. The attorneys at Joe Knows Law utilize their expertise in product liability lawsuits and other types of accidents to ensure you get the compensation you are entitled to. If you need a McKinney accident attorney, call Attorney Joe Lucé at (972) 562-9700 today.