Either a representative of the deceased’s estate or the member of a certain group of survivors has the right to initiate a wrongful death lawsuit. That plaintiff brings charges against the person or group that has, allegedly, ended the decedent’s life. If the decedent, the person that has passed, had survived the effects the fatal accident, then he or she would have had reason to file a personal injury claim.
Who belongs to that special group of survivors?
• The spouse of the deceased would belong in that group.
• The grieving parents of a minor that had died too soon could become a plaintiff in a wrongful death lawsuit.
• If a parent had been killed, the sons or daughters could take on the role of plaintiff.
• Some states allow other relatives to assume that particular role.
What sort of fatal accident has decedent endured?
• He or she might have been the victim of an intentional tort.
• He or she might have been the victim of an accident that was caused by someone’s negligence.
• He or she might have died as the result of malpractice on the part of a physician.
Proofs required from plaintiff
• Proof that the defendant had agreed to maintain a duty of care towards the decedent.
• Proof that the defendant had breached that same duty
• Proof that the defendant’s breach was the direct and proximate cause of the wrongful death.
• Proof that the decedent’s death had burdened the plaintiff with measurable damages.
How might a plaintiff offer proof of the fact that the defendant’s breach was the direct and proximate cause of the wrongful death?
• A traffic ticket that had been issued to the defendant
• The account of an eyewitness
• Testimony from medical expert
• Evidence that had been found at the accident site
What damages might the plaintiff claim?
The cost of any medical treatment that was administered in order to mitigate the effects of the loved one’s fatal injury. The value of the pain and suffering endured by the accident victim, as he or she struggled through the moments before his or her death
The cost of the funeral, and the cost of the burial. The loss of support, if the deceased had been earning an income, and had contributed to the expenses of the family unit in which he or she had lived
The loss of inheritance, if the plaintiff was supposed to inherit money or property, following a timelier death. The personal injury lawyer in Barrie know that the defendants need to pay for services, if the deceased had been offering members of the family, with a specific service. The value of any care and guidance that the plaintiff had received from the deceased. The last but not the least, the value of the lost companionship is covered in the damages.