When someone dies because of another person’s negligent or intentional misconduct, the deceased person’s family can hire an attorney and file a claim. Most wrongful death suits come after criminal proceedings, and they use much of the same evidence to document an at-fault party’s liability. Conversely, a person found liable for someone’s wrongful death may not be convicted in criminal court. Calling Wrongful Death Lawyers in Vermont can help clients decide whether or not to file a claim.
Which Elements are Necessary in a Wrongful Death Case?
To create a successful claim, certain elements must exist. First, and most obviously, death must occur. A wrongful death suit cannot be filed if a person is on life support or in a coma. Negligence is the second element. If the person’s death was not intentionally caused, the family must prove that negligence was a direct cause. This means that the other party’s breached the duty of care caused the person’s untimely death.
What Has to be Proven?
Wrongful death claims are often the result of injuries arising from unfortunate circumstances such as auto accidents, medical malpractice or exposure to toxic chemicals. In negligence cases, Wrongful Death Lawyers in Vermont must prove that the victim was owed a duty of care and that the duty was breached, causing death. In wrongful death cases, the person’s passing causes economic damages for which a plaintiff tries to recover.
Damages for Wrongful Death
When a person loses his or her life because of someone else’s negligent actions, their estate or family is legally allowed to hire an attorney to file a claim on their behalf. Damages in wrongful death cases can include the person’s medical bills, funeral costs, lost income, loss of companionship and loss of consortium. While no amount of money can bring a decedent back, a financial award can help a person’s family move on with a normal life.
McVeigh Skiff LLP is a well-established wrongful death firm that has a full team of competent personal injury and wrongful death attorneys. To arrange a consultation, call the office or visit the website for additional information.
