A wrongful death pedestrian vs. car accident occurred near Boise recently. Idaho State Police reported a fatal crash on northbound US95 in Parma. A pedestrian was crossing US95 when they were struck by an oncoming vehicle. The pedestrian succumbed to his injuries at the scene of the crash. Traffic was blocked for about two hours while crews worked to clear the scene. This car accident is still be investigated by police.
What is 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.
Four Main Elements of a Wrongful Death Case
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
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 (208) 322-7274. We can usually tell you over the phone if you have a good case.
You Pay Nothing Until We Win Your Case