Idaho State Police reported a wrongful death from fatal car accident in Coeur d’Alene. Officials say an elderly driver was going northbound when she drove off the right shoulder. The vehicle struck a power pole and then a tree. Impact from the collision instantly killed the passenger riding in the front seat of the vehicle. The driver was injured and needed to be flown to a nearby medical center for evaluation of injuries. Police say both occupants of the vehicle were wearing seatbelts at the time of the car accident. Officials are still investigating the crash.
What Classifies as Wrongful Death?
Wrongful death is a legal term to describe a claim that certain individuals can make against a person who wrongfully or negligently causes the death of another. Each state legislature has enacted wrongful death statutes that govern who can bring a wrongful death claim. Typically, immediate family members of the deceased seek a wrongful death claim to compensate for financial and emotional damage.
Components of a Wrongful Death
By law, there are four main elements involved to claim a wrongful death case. Family members of the deceased wanting to claim wrongful death must prove each element to be awarded financial recompense. The four elements of a wrongful death case are:
Negligence: It must be proven that the individual being sued was reckless, careless, or negligent.
Causation: It must be shown how the defendant’s negligence caused the death of their loved one.
Breach of Duty: Proof that the defendant in a wrongful death owed a duty to the deceased. For example, in the story from above, the driver had a duty to the pedestrian to drive a reasonable speed and to be aware of pedestrians.
Damages: There can be many damages occurred from the death of a wrongful death victim. For instance, medical expenses, funeral and burial costs, loss of income and potential earnings, etc.
Proving these elements to court during a wrongful death lawsuit requires strong evidence. The experienced wrongful death attorneys at Parke Gordon Law Firm can help to gather this evidence and make a strong claim in your behalf.
Hire Wrongful Death Attorneys at Parke Gordon Law Firm in Spokane
If you are suffering from the loss of a loved one due to wrongful death, contact the experienced, trusted and aggressive attorneys at Parke Gordon Law Firm to represent you in your case. Call now for a free consultation at (509) 482-7274. We can usually tell you over the phone if you have a good case.
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