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What elements should be present to prove a wrongful death suit?

Wrongful death suits are often brought in cases in which a loved one dies unexpectedly or in an unusual way. Proving a wrongful death case isn't typically the first thing on a grieving loved one's mind when a loved one is lost so tragically. However, once the initial grieving period has passed, one should really think about how the details of a person's death could affect the remaining loved ones and their future. There are a few elements that should be present when a loved one dies unexpectedly, like in a work accident.

Work accidents aren't the only situation in which a loved one can fall victim to a situation in which a third party or person was negligent. Car accidents, medical malpractice and other accidents in which a loved one passes away can qualify for the elements of a wrongful death suit. In a work accident, if a person was unnecessarily injured and succumbed to their injuries and surviving family members have suffered from that loss, these are elements that could result in a positive outcome in a wrongful death suit.

Family members of a loved one who has passed should be aware that not all work deaths are preventable or even the fault of another. However, some work deaths could have possibly been prevented a number of ways. Employers and related third-parties owe a level of responsibility, also known in legal terms as a duty, to their employees to uphold a level of safety for the well being. If an employer made a choice, either deliberately or through inaction, and it results in the death of an employee, a wrongful death suit could be winnable for the family.

By winnable, it means it's result could impact the way that the company approaches employee safety in the future. It also could be financially lucrative for the loved ones who suffer from the loss of their parent, spouse or other important family member. Not only is the emotional loss a massive blow, but the loss of financial support for those who depend on it can be crippling. If the elements of a wrongful death suit are present, see how it could affect your family.

Source:, "Wrongful Death Overview," Accessed June 19, 2017

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