Elements of a Wrongful Death Case

If your loved one has died because of the negligence or recklessness of another person, a wrongful death lawsuit can help you seek justice and hold the negligent party accountable for their actions. Wrongful death claims are designed to compensate the victim’s family for the financial hardships they face in the wake of their loved one’s untimely death, and they can also be an important form of closure for many families.

To schedule a free case evaluation with one of our experienced Norfolk wrongful death lawyers, please call us today at (800) 361-0430.

Who Can File a Wrongful Death Claim?

In order to be eligible to file a wrongful death lawsuit, you must be an immediate family member of the victim who has suffered financial and/or emotional damages as a result of their death.

Spouses, children, and parents of the victim are all considered immediate family members. In Virginia, grandparents, legal dependants, and extended family members may also be eligible in certain cases.

Four Main Elements of a Wrongful Death Lawsuit

You must be able to prove the following points in order to win a wrongful death case:

• Negligence – Your loved one’s death was caused (whether in whole or in part) by the carelessness or recklessness of the defending party.
• Breach of duty – The defendant must have owed a duty to your loved one. For example, a driver has a duty to obey traffic laws and drive safely; a doctor has a duty to maintain the health of his or her patient. You must establish that a duty existed, and that it was breached by the defendant’s negligent actions.
• Causation – Apart from proving that the defendant breached their duty to your loved one, you must also prove that their negligence directly led to your family member’s death.
• Damages – Your loved one’s death must have resulted in quantifiable damages (e.g. medical bills, funeral expenses, loss of income, etc).

Effectively proving these points will require strong evidence, expert witness testimonies, and the experience of a seasoned wrongful death attorney. Kalfus & Nachman has helped hundreds of clients in Virginia and North Carolina fight for justice on behalf of their loved ones. In this time of crisis, you can trust our attorneys to thoroughly investigate your loved one’s death and powerfully represent your family’s best interests.

If you are looking for an experienced wrongful death attorney you can trust, please contact Kalfus & Nachman today or call (800) 361-0430 to schedule a free case evaluation. We represent families of wrongful death victims throughout Norfolk, Newport News, Roanoke, and surrounding areas of Virginia and North Carolina.