Wrongful Death Attorneys
What is Wrongful Death?
Wrongful death is a legal term to describe a claim that certain individuals can make against a person who wrongfully or negligently causes the death of another. Each state legislature has enacted wrongful death statutes that govern who can bring a wrongful death claim.
Our wrongful death attorneys and lawyers at Brent Gordon Law have helped our clients recover substantial monetary settlements from the negligent person(s) who caused the wrongful death. Speak with an experienced wrongful death attorney such as Brent Gordon to discuss your wrongful death case. We can usually tell you over the phone if you have a good case.
Wrongful Death Claims
Since wrongful death claims are governed by a statute enacted by the legislature, the persons who are entitled to recover claims are set by statute. In addition, the types of damages a person may recover are also set by statute.
Wrongful Death Claim for Passengers
In most car accident or wrongful death claims, the suit is towards the driver of the other vehicle. However, when a passenger is injured or dies from the negligence of the driver of the car in which the passenger was in a case can be made against the driver. In the car accident mentioned above, the passenger was not at fault for the driver speeding. Surviving family members can then bring forth what is known as a wrongful death case.
Receiving Compensation for Wrongful Death
When a person is wrongfully or negligently killed because of another, family members of the deceased have a right to compensation. The wrongful death attorneys at Brent Gordon Law Firm have helped clients recover substantial monetary settlements from the negligent persons who caused the wrongful death. Many different factors will determine the amount of compensation you may receive for a wrongful death such as:
- Proposed income from the deceased
- Savings of the deceased
- Number of dependents
- The degree of negligence that caused the wrongful death
Who Can File a Wrongful Death Claim?
In most cases, the following individuals may file a wrongful death claim:
- Spouses or life partners
- Other dependents
When is a Wrongful Death Claim Valid?
Some situations that would lead to a wrongful death claim include:
- The victim was intentionally killed.
- Negligence resulting in a fatal car accident.
- Death from medical malpractice.
These are just a few examples of personal injury cases that could turn into wrongful death claims. Like a personal injury case, evidence or proof must be given for the case to go smoothly. Be sure to gather as much evidence as you can to help your attorney get the most compensation possible.
Elements of a Wrongful Death Case
By law, there are four main elements involved to claim a wrongful death case. Family members of the deceased wanting to claim wrongful death must prove each element to be awarded financial recompense. The four elements of a wrongful death case are:
Negligence: It must be proven that the individual being sued was reckless, careless, or negligent.
Causation: It must be shown how the defendant’s negligence caused the death of their loved one.
Breach of Duty: Proof that the defendant in a wrongful death owed a duty to the deceased. For example, in the story from above, the driver had a duty to the pedestrian to drive a reasonable speed and to be aware of pedestrians.
Damages: There can be many damages occurred from the death of a wrongful death victim. For instance, medical expenses, funeral and burial costs, loss of income and potential earnings, etc.
Proving these elements to a court during a wrongful death lawsuit requires strong evidence. The experienced wrongful death attorneys at Parke Gordon Law Firm can help to gather this evidence and make a strong claim in your behalf.
Contact a Wrongful Death Attorney Now
You could be entitled to thousands. Contact the wrongful death attorneys and lawyers at Brent Gordon Law in Idaho Falls or Pocatello to find out if you are entitled under the statute to bring a claim and, if so, what types of damages you are entitled to recover. The attorneys at Brent Gordon Law are experienced, trusted and aggressive. A lawyer at Brent Gordon Law will fight to ensure you get a fair settlement. Our law firm believes every client deserves fair representation. Call now for a free consultation or free case review with an experienced lawyer in Southeast Idaho (Pocatello, Idaho Falls).
You Pay Nothing Until We Win Your Case
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