Filing a wrongful death lawsuit is a confusing process where mistakes can be costly. Today’s legal landscape is fraught with pitfalls and loopholes that can confuse an under-educated client. In particular, Wrongful Death lawsuits can be confusing, and the highly emotional and stressful state of a victim’s family makes them a target for unscrupulous attorneys seeking financial gain from a tragedy. Domnitz & Domnitz not only offers a compassionate and client-focused approach to wrongful death cases, but we’re here with valuable advice that can help you navigate this difficult process.
There are four key elements involved in wrongful death lawsuits, specifically identified by law. To win a case, the party filing a lawsuit must prove each element beyond a reasonable doubt. These 4 key elements are as follows:
The surviving members or their legal representatives must prove the death of their loved one was caused (in part or in whole) by the recklessness, carelessness, or negligent actions of the defending party.
Breach of Duty
To be successful in the case, it must be proved that the defendant in a wrongful death lawsuit owed a duty to the deceased victim. For example, a motorist maintains a duty to drive safely, and follow and obey every traffic law. Doctors and medical health providers have the duty to maintain a patient’s health. It is up to the plaintiff to establish how the defendant’s duty existed, and that the duty was breached through their negligent actions.
In addition to proving how the duty of the defendant was breached toward the deceased, the lawsuit plaintiff must also prove how the defendant’s negligence caused their loved one’s death.
The death of the victim must have generated quantifiable damages such as hospitalization, medical expenses, funeral and burial costs, loss of income and potential earnings, loss of protection, guidance and inheritance along with pain and suffering of the victim prior to death.
Proving these points in a court of law requires strong evidence and competent legal expertise in order to win financial recompense for the victim’s representatives. Unlike other firms that may relegate you to an office assistant or paralegal, at Domnitz & Domnitz, you will always receive personal attention from the attorney handling your case.
Contact Domnitz & Domnitz today
To schedule a free initial consultation with a Milwaukee personal injury attorney, call Domnitz & Domnitz, S.C. We have the resources to provide top-notch representation in a wide variety of legal issues. Contact our Milwaukee personal injury attorneys online or call 414-289-0909 today for a free consultation and review of your legal rights from respected Milwaukee attorneys.