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WLB | Wilbraham, Lawler & Buba, P.C.
Wilbraham, Lawler & Buba, P.C.
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  5. What happens during a wrongful death case?

What happens during a wrongful death case?

On Behalf of Wilbraham, Lawler & Buba, P.C. | Feb 17, 2023 | Trucking Defense

A court action of any kind can take away from your business plans. However, one that involves a death can send your business into serious financial trouble.

A wrongful death case lawsuit is delicate in that it means someone who works for you may have done something that caused the death of another. If this is the case, you may want to familiarize yourself with a basic overview of the wrongful death process.

Who can file a wrongful death case?

If you or someone who works for you caused an incident that resulted in the death of another, you may have to face a wrongful death claim. The deceased’s family can file a case to try and recover financial compensation.

What proof does the court require?

To file any personal injury claim, including a wrongful death suit, the court requires that the plaintiff prove the defendant acted in a reckless manner. For instance, if this is a trucking accident, the plaintiff has to demonstrate that the driver caused the problem by breaking the law or driving in an unsafe way. The plaintiff may also claim that the truck’s poor maintenance caused the crash. The negligent act must connect to the accident that caused the injury or death.

What are damages?

Damages is a term the court uses when referring to financial awards. In wrongful death suits, the court might award the plaintiff money that covers the income lost by the death. You may have to pay medical bills and funeral costs if the judge rules in favor of the plaintiff. Sometimes, the court can award the plaintiff money for pain and suffering.

A wrongful death may prove difficult. It helps to develop and implement a strategy with a trusted professional with experience.

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