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Various elements affect a wrongful death lawsuit

Losing a loved one in a fatal accident is an experience that nobody should have to go through. Sadly, some fatal accidents that could have been prevented claim lives. When the accident is caused by the negligence of someone or the reckless actions of someone, the family members who are left to mourn their loved one might decide that they want to seek compensation through a wrongful death lawsuit.

If you are considering a wrongful death lawsuit, there are a few things you should know. When you file a wrongful death lawsuit, there has to be a personal representative over the decedent's estate. Your loved one who died must have been a human. That person's death must have been caused because of an accident that was due to negligence or because of an intent to harm your loved one. Finally, family members must have suffered a financial loss because of the death.

Once you know that the case meets those four elements, you can focus on determining the losses. The losses can encompass a variety of factors. A loss of support, funeral arrangements, loss of prospect of an inheritance and medical bills are some of the losses that you might consider if you are filing a wrongful death lawsuit.

Some of the financial loss that you suffer might be affected by factors like the person's age, earning capacity and life expectancy. Understanding all of these points, as well as others that might apply to your case, can help you if you decide to seek compensation for your loved one's death by filing a wrongful death lawsuit.

Source: FindLaw, "Wrongful Death Overview," accessed Sep. 22, 2015

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