Reasons to Contact a Wrongful Death Attorney

Reasons to Contact a Wrongful Death Attorney

The unexpected loss of a loved one is traumatic. San Francisco wrongful death attorneys often hear from people who are grieving and who wonder whether they have a reason to contact a wrongful death attorney. While it would be satisfying to be able to assign blame in all cases of unexpected death, that is simply not the case; some deaths are just tragedies. However, in many instances where a person has been killed, there is a wrongdoer responsible for the death. In those instances, the deceased’s survivors can bring a wrongful death claim, as long as the survivor can establish that they have experienced some type of harm that can be remedied through a financial damages award.

To establish a claim for wrongful death, you have to meet the same elements as a personal injury claim, but some of those elements will be on behalf of the deceased:

  1. Show that the defendant had a duty of care to the deceased;
  2. Show that the defendant breached the duty of care to the deceased;
  3. Show that the defendant’s breach resulted in the deceased’s death; and
  4. Show that the deceased’s death has resulted in damages, usually in the form of an economic injury, to the person bringing the lawsuit.

The most common reasons that people contact a wrongful death attorney are from deaths due to: automobile or truck accidents; medical malpractice; nursing home negligence; and defective products. However, wrongful death suits can also be appropriate when a defendant’s willful actions resulted in a death, such as when the defendant murdered the deceased. If the connection between a defendant’s unlawful or unreasonable actions and the deceased’s death are clear, a wrongful death action may be appropriate.

If you have any questions about whether you have a valid wrongful death claim, contact San Francisco wrongful death attorneys to schedule a consultation.

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