In case the death of a person is caused due to the negligence of someone else, the remaining members of the family of the victim are within their rights to sue the person responsible for the death of the victim to get compensated for the losses that they incurred due to the death of the victim. Every state has its own specific laws and rules that govern the wrongful death claims and the personal injury lawyer in Whitby you engage with for your claim would be able to explain about the laws prevalent in your state. Nonetheless, there are certain general rules that are the same in each state and it is therefore, important that you should understand the rules well.

A wrongful death claim is a civil suit that is filed by the plaintiff family with the help of a personal injury lawyer in Whitby for the monetary damages that they have sustained due to the death of the victim. If one has to look at the specifics, a civil suit is different than a criminal case. A criminal case leads to some kind of punishment for the defendant in case the charges are proved. In a criminal suit, no compensation is awarded to the family of the victim even when the charges are proved. On the other hand, a civil case is only supposed to get the compensation for the damages that they have sustained in the mishap.

The person who brings about the civil claim is known as the plaintiff. When it comes to a wrongful death case, the plaintiff is either someone from the surviving family or someone appointed by them as their representative. In case the deceased died after making a will, the court will most likely appoint a personal injury lawyer in Whitby as the representative of the state. The person against whom the claim is filed is known as the defendant in such cases. In the course of the lawsuit, it would be proved with evidence and witnesses whether the defendant acted negligibly and caused the mishap or they acted intentionally with an objective to cause harm to the victim.

Therefore, when it comes to wrongful death claims, the personal injury lawyer in Whitby representing the plaintiff would be required to prove various elements of wrongful death claims before the damages can be given to the plaintiff. In order to prove a wrongful death claim, the plaintiff is supposed to prove that the defendant had a duty of care towards the person who died. The plaintiff would also need to prove that the defendant breached the duty of care that they had towards the victim and also that the breach of duty of care caused the injury that led to the untimely death of the victim in the mishap. Visit Here: ABLF Personal Injury Lawyer