Wrongful death, as the name
suggests is the death of someone in a wrong way. These instances usually take
place due to tragic accidents and often due the negligence of someone else.
From car accidents to medical malpractice the reason for the death can be many.
And that is why you need to contact an expert Personal Injury Lawyer in Grande Prairie.
Right Applicability: Let us first
of all, acquaint you with the various instances when a wrongful death claim is
applicable. According to Personal Injury Lawyer in Grande Prairie, such claims
can be applied when a person is killed due to sheer negligence or an
intentional act of harm by a defendant. The most common cases resulting into a
wrongful death are car accidents, medical malpractice and assault and battery
cases.
Things to Prove:Another important
thing to know about a wrongful death case is a clear idea of facts to prove. As
per a Personal Injury Lawyer in Grande Prairie, the relative of the deceased
should be able to prove a couple of things in order to win the claim. These
include facts like, the deceased actually died due to the negligence or
intentional act of harm on part of the defendant. Secondly, it should be proved
that the defendant had a certain duty of care towards the deceased and there
was a breach in the duty of care that resulted into the wrongful death. Lastly,
it must be proved that the untimely death of the plaintiff had hampered the
normal lifestyle of the surviving family.
Eligibility to Sue:Not anybody
from the family of the deceased has the right to sue the defendant for wrongful
death claims. There are certain people who are eligible to sue the defendant in
such cases. People who are eligible to demand claims in wrongful death cases
include the surviving spouse, children, parents and sibling of the deceased.
Damages for Wrongful Deaths: The
list of damages worth compensating for wrongful deaths include medical
expenses, funeral or burial expenses, loss of family income, loss of
consortium, loss of education, loss of love and companionship, loss of
inheritance and loss of guidance for the children.