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Chicago Personal Injury Blog

Elements of a Wrongful Death Claim

by Jared Staver in Wrongful Death

Unexpectedly losing a loved one can be devastating for an entire family. On top of losing a loved one, you and your family may be dealing with large medical, funeral expenses, and a sudden loss of income. A wrongful death claim seeks compensation from the responsible party of your family member’s wrongful death. Since wrongful death cases can be complex, you need an attorney who understands the legal system and how difficult this process can be on your and your family.

To speak with a knowledgeable attorney about proving the elements of your wrongful death claim, contact Staver Accident Injury Lawyers, P.C. today. Call us at (312) 236-2900.

The Duty Of Care

Every person owes a duty of care to each person they encounter. The duty of care owed is defined by the relationship between the two people.

The first element of proving a wrongful death claim requires that your lawyer clearly identifies and explains the duty of care that the negligent party owed to the deceased person. Your lawyer will show how the negligent party did not meet their requirement to keep your loved one safe, but instead they acted in a manner that needlessly put the deceased person in danger.

For example, failing to pay attention to the road as you drive would be considered a breach of one’s duty of care that is owed to others who are on the road. To show that the other party did not uphold their duty of care, your lawyer will present the facts of your case in a clear and comprehensive fashion.

Damages You May Have Suffered

As with any other negligence lawsuit, you must show that you have sustained damages in order to receive compensation from a wrongful death claim. To do this, your lawyer will have to present the survivors of the deceased to the court, and then detail what damages they have sustained due to the untimely and unnecessary death of their loved one. Quantifiable damages must be specifically shown could include:

  • Funeral and burial costs
  • Medical expenses of the deceased
  • Loss of income and potential earnings
  • Loss of inheritance
  • Pain and suffering of the victim prior to death

How the Breach Of Duty Caused Your Damages

Finally, your lawyer must tie everything together in order for you and your family to successfully recover damages in a wrongful death claim. It is not sufficient to only show that the other party failed to uphold their duty of care for your deceased loved one. In addition to this, it must be shown that the other party’s negligent actions caused the death of your loved one, and therefore caused your personal suffering and damages. This is done by laying out all of the facts of the case and making clear in court that the person you are suing substantially contributed to the wrongful death.

Staver Accident Injury Lawyers, P.C. Can Help You

If you and your family have lost a loved one due to the negligent or wrongful acts of another, an experienced wrongful death attorney can help you recover damages. Each wrongful death claim is unique, and you need an attorney who has a successful record of helping people recover after the untimely death of a loved one. Our Chicago wrongful death lawyers have years of experience in pursuing wrongful death claims, and we have the compassion to understand what you’re going through during this difficult time.

To speak with a skilled attorney about your wrongful death claim, contact Staver Accident Injury Lawyers, P.C. Call us at (312) 236-2900.