Elements Of A Wrongful Death Lawsuit

Serving Gainesville, Jacksonville, Atlanta areas

In order to file a valid wrongful death lawsuit, you must be an immediate family member of the deceased individual. For example, spouses, children, and parents of the deceased all qualify. Some states also grant extended family members, grandparents, and other legal dependents eligibility based on special circumstances.

For more information about wrongful death eligibility, please visit: Who Can File a Wrongful Death Lawsuit?

The Four Main Elements of a Wrongful Death Case

In order to win a wrongful death case, you must be able to prove four basic elements:

  • Your loved one's death was caused by the defendant, whether or in whole or in part.
  • Your loved one's death occurred as a direct result of the defendant's negligence.
  • Your loved one's death has affected you and/or other surviving family members (children, parents, spouses) who qualify to receive compensation through a wrongful death settlement/verdict.
  • Your loved one's death resulted in monetary damages.

Since wrongful death laws differ from state to state, consider this simply a general outline that can be used to judge whether or not you have a solid wrongful death claim. The best way to find out if you have a case worth pursuing is to schedule a free consultation with our experienced wrongful death attorneys at The Chestnut Firm.

Proving Negligence

All wrongful death cases are based on negligence. "Negligence" can be defined as the failure to use reasonable care in any given situation. For example, if a trucker's reckless driving leads to a fatal truck accident, or if a doctor makes a medical mistake that results in a patient's death, both are considered negligent, and therefore responsible.

In order to prove negligence in a wrongful death case, you must first establish that the defendant was acting carelessly. You must then establish a direct link between their negligence and your loved one's death. This can be a complex process, requiring the skill of an experienced wrongful death attorney to prove. You will need not only strong evidence and expert witnesses, but a convincing argument that successfully links all of these elements together. This is what The Chestnut Firm can accomplish for you.

If you have further questions about wrongful death, please contact The Chestnut Firm today to schedule a free case evaluation with one of our experienced wrongful death attorneys.

We represent clients in Gainesville and Jacksonville, Florida; Atlanta, Georgia; Charlotte, North Carolina; and nationwide.