Basically, a wrongful death lawyer specializes in a variety of things, but the most important ones are finding the cause of the accident, determining who was at fault, and then recovering compensation for the wrongful death. These lawyers also do a lot of research to ensure that they are able to recover as much as possible from the wrongful death.
Duty of care
Whenever someone dies due to the negligent actions of another party, the party deemed responsible can be held liable for the wrongful death. When determining whether the defendant has breached the duty of care, the judge will consider a number of factors.
For example, a doctor has a duty of care to provide the proper care and treatment for his or her patients. If the doctor fails to provide appropriate treatment, this can result in the patient’s death.
Another example of a breach of duty of care is when a driver fails to pay attention to the road. This may be intentional or accidental. A reasonable, prudent driver would pay attention.
A wrongful death lawsuit will require the plaintiff to prove that the defendant breached his or her duty of care. The plaintiff can do this by showing that the defendant violated traffic laws or drove recklessly. A wrongful death lawyer can then show that the driver’s unsafe actions led to the death of a loved one.
Breach of duty
Depending on the facts of your case, a wrongful death lawyer in Medford, Oregon may have to prove that the defendant breached his duty of care. This means that the defendant acted in a way that failed to meet the reasonable standards of care that a reasonable person would have done.
A breach of duty can occur in many ways. It can be the result of negligence, or it can be intentional. For example, a driver has a duty to drive safely and follow the rules of the road. If he or she fails to do so, he or she may be found liable for the damages associated with a fatal car accident.
In a wrongful death case, the plaintiff must prove that the defendant’s breach of duty caused the death of the decedent. He or she must also prove that the breach caused damages. Damages can include medical bills, loss of household income, funeral expenses, and more.
Damages
Whether you are the victim of an accident, or you are a victim’s family member, you may be entitled to recover damages from the negligent party. A wrongful death lawyer can help you identify what type of damages you are entitled to, and can calculate an appropriate amount.
Generally, there are two types of damages, economic and non-economic. Economic damages cover financial losses such as medical bills, funeral expenses, and lost wages. Non-economic damages compensate the victims for subjective losses such as pain and suffering. However, the amount of damages awarded can vary depending on jurisdiction and the amount of irresponsibility demonstrated by the negligent party.
Economic damages are quantifiable, and can be supported by expert witnesses. An economist can estimate the deceased’s lost earnings and services. Whether the damages are for medical bills, funeral expenses, or other expenses, a wrongful death lawyer can help you calculate the amount.
Recovering compensation
Having a wrongful death lawyer can help your family recover compensation. It can also provide some peace of mind. Your wrongful death lawyer can investigate your case to determine the liability, and if your family qualifies for damages.
There are two main types of damages you can recover in a wrongful death case. The first is pain and suffering. This includes compensation for the decedent’s loss of wages, loss of companionship, loss of parental guidance, emotional pain, and other physical suffering before death. The second type is punitive damages. These are awarded to punish the party responsible for the wrongful death, and to deter future wrongdoing.
The most obvious damages available in a wrongful death case are medical expenses, funeral expenses, and lost wages. If the decedent was a minor, you may be able to recover damages for loss of guidance, companionship, and emotional pain.
