What elements must be present to bring a wrongful death case?

Stephen D. Phillips: He explains the rightful heirs, the need to establish negligence, a defective product or wrongful conduct, and damages including economic loss and loss of society.

Attorney Stephen D. Phillips · Wrongful Death · 1-minute 10-second answer

Transcript

Automatically transcribed from the video’s audio and lightly edited.

The elements that have to be present are that you have to have the rightful heirs of law. Typically in a case, that’s the surviving spouse as well as the children. If there are no children and no surviving spouse, then typically the claim is brought by the parents because their loss of their loved one, their daughter or son. The elements that need to be taken care of before the claim can be brought is you need to establish negligence or a defective product or wrongful conduct by a defendant as well as damages, that is the economic loss, wages, salary, services provided by the deceased person as well as loss of society which is the things that make us human. Companionship, protection, guidance, comfort, advice, those types of things which forms the bond of all human and familial relationships.

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