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Determining If You Have a Wrongful Death Claim by Cleo Gib

Determining If You Have a Wrongful Death Claim by
Article Posted: 08/10/2016
Article Views: 148
Articles Written: 12921
Word Count: 623
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Determining If You Have a Wrongful Death Claim


The death of a loved one is one of the most difficult tragedies a person will ever face in his or her life. When that person is taken away from you shockingly and suddenly, it can be a truly devastating experience. Money certainly can't bring them back or fill the void in your heart, but if you have a successful wrongful death claim, it can help you provide for yourself and your family as you attempt to rebuild your lives.

In order to determine whether you have a successful claim or not, you'll need to meet with a lawyer for a consultation. Here are the elements of a successful wrongful death lawsuit that will need to be true for your case.

Negligent Party

Wrongful death and murder are not the same thing. Murder is a criminal action that causes one's death; while wrongful death occurs when a death is due to negligence. If someone is killed in a car accident, for example, that can be a great example of a case where a wrongful death attorney in Pittsburgh, PA, can help you win a lawsuit. The key to the case is negligence on the part of the party who caused the death. The meaning of negligence is that the death could have been prevented if the party who caused the death had taken a different action. Using the car accident example above, if speed was a factor in the crash, you might have a strong case for a wrongful death, as the driver would not have caused the accident if not for the speed.

Negligence can be a difficult thing to sue someone over, because a negligent person likely feels horrible about the role they played in the accident. However, it is an unfortunate requirement of the law that negligence must be proven in order to receive compensation, which makes it even more important to have a lawyer on your side to argue for you.

Financial Losses

In order to collect any compensation from your loved one's death, you must prove financial loss caused by his or her death. In order for that to be the case, you have to be considered an eligible family member of the deceased, such as a spouse or a child. You must also be able to show the financial losses that were suffered as the result of him or her not being around. In this case, you must show the deceased's job, compensation, and the financial strain that it has placed on your life and the lives of those who depend on you. A great example of this would be a widow who is attempting to raise the children she had with her husband. By showing what he contributed financially to the family, she can likely collect damages to help her family attempt to rebuild their lives without having to worry about their cash flow.

Having the Right Lawyer

In order to have a good case succeed, you need to have a compassionate and professional lawyer who understands wrongful death lawsuits and how to successfully argue them. You need someone who believes in your case and can successfully present your arguments in a way that will convince a judge of your claim. No matter what your case is, it's important to have a lawyer who believes in both you and your case.

A wrongful death lawsuit is possibly the hardest lawsuit a person will ever have to file. Before you go through the process, it's important to know the details so you have an idea if filing the suit will help your recovery. If you're concerned about your case, speaking to a wrongful death attorney in Pittsburgh, PA, is a great way to start.

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