August 9, 2022


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A Wrongful Death Attorney Can Help You Determine the Value of Your Claim

A Wrongful Death Attorney Can Help You Determine the Value of Your Claim

To successfully file a wrongful death lawsuit, a Defendant must have broken a duty of care to the plaintiff. Identifying liability and damages can be challenging. In this article, we discuss some steps you can take to determine whether you are eligible for compensation. First, determine whether the Defendant was negligent. Second, determine how much you are likely to lose financially. A wrongful death lawsuit should include all relevant financial data and the Defendant’s duty of care.

Defendant must have violated their duty of care

In negligence cases, the Defendant must have violated their legal duty of care to the claimant. This duty is based on what a reasonable person would do in a similar situation. Although it sounds like a legal fiction, it actually does exist. The standard for reasonableness doesn’t change and is established by the trier of fact, or jury, in a bench trial.

When evaluating whether a defendant has breached their duty, a judge will look at the totality of circumstances in order to determine whether they were liable for the plaintiff’s damages. Often, an expert witness will be called to explain how a defendant breached a contractual or professional standard of care. A person may also breach a duty if they violate a statute.

Determine financial loss

If your loved one has been killed in a wrongful death accident, you may be entitled to compensation. Wrongful death claims may involve both financial losses and the loss of service to a family. The process of determining economic losses is not difficult. You can present medical bills as evidence, as well as funeral expenses. Your Chicago accident attorney can assist you in determining your loss. This article will provide you with helpful information about determining the value of your claim.

In addition to calculating financial losses, your attorney can also use evidence to support your case. For instance, if a loved one lost his or her job because of the accident, the compensation you receive could be as high as several million dollars. A Las Vegas wrongful death attorney can help you calculate the amount of compensation you may be eligible to receive. In addition to determining the amount of financial loss, your attorney can gather evidence and witness statements that show how your loved one suffered.

Determine liability

To determine liability for wrongful death, you must first establish who was at fault for the fatal accident. Whether it was a car accident caused by another driver, a medical malpractice case involving a health care provider, a slip and fall accident caused by a property owner, or a dog attack caused by a negligent dog owner, a wrongful death attorney will help you determine who should pay compensation to the family. In some cases, the deceased may also bear some responsibility for the fatality, but this does not necessarily mean that the wrongful death lawsuit is without merit.

When you determine who is liable for a fatal accident, remember that many types of injuries can be caused by dangerous products. For example, a piece of scaffolding that falls on your loved one from a height of two stories is deadly. If the scaffolding was manufactured by a company that was not a subcontractor, the scaffolding manufacturer may be responsible for the wrongful death. The process of filing a wrongful death lawsuit can be complicated and lengthy. Luckily, Sweeney Merrigan Law, LLP can help you determine who is liable for the death of a loved one.

Determine damages

How do you determine damages for wrongful death? The amount of money the family will be able to receive is a highly subjective issue. Courts have traditionally calculated damages for wrongful deaths by taking the deceased person’s average income, based on life expectancy and future earnings. This is known as the pecuniary loss rule. However, there are many ways to calculate damages for wrongful death

A jury may award punitive damages in wrongful death cases. These are intended to punish the offending party and discourage them from committing the same acts in the future. Although punitive damages are not allowed in all cases, courts have generally upheld their legal validity in wrongful death suits. They are intended to punish negligent parties and deter similar behavior. Survivors of wrongful deaths can seek damages to make themselves whole.