The death of a loved one is always a devastating event, but when that death is the result of another person’s negligence or malicious conduct, survivors find it far more difficult to move on. Filing a wrongful death case against the responsible party can help surviving family members find closure while also paying hospital bills or burial expenses, making up for lost wages, and compensating for additional losses. However, there is a proper procedure for launching a wrongful death complaint, which is outlined here.
The Components of a Winning Case
To obtain compensation after a wrongful death, four fundamental aspects must be proven. Any reputable attorney will tell you that if you can’t prove even one of the elements of a successful case, your wrongful death suit may fail. An attorney must prove the following factors in order to obtain compensation for a client.
1. The Duty of Care
First, an attorney must establish that the defendant owes the deceased a duty of care. This requires showing that a reasonable person would expect the defendant to use a particular amount of caution, however, the specifics vary from case to case. Examples include cars respecting traffic laws and doctors providing appropriate care.
2. Negligence of Duty of Care
Second, an attorney must show that the defendant breached his or her duty of care. Running a red light, for example, is a clear violation, as is a doctor failing to order an important test that may have led to a fast and accurate diagnosis.
3. Causation
Third, an attorney must prove that a defendant’s breach of duty of care directly caused the deceased’s death. For example, the driver hit a car after running a red light, or the doctor’s failure to provide timely care resulted in the death of a patient.
4. Damages
Finally, an attorney must show that the plaintiff suffered damages as a result of the deceased person’s death. Income loss, burial expenditures, medical bills, and intangible losses such as loss of companionship are common examples.
Common Wrongful Death Case Types
Not all accidents are considered wrongful deaths, and proving these cases is notoriously difficult. It is critical to find a lawyer who can swiftly examine the case and recommend relevant legal choices. Some instances are more clear than others, but the following are common examples of wrongful death claims that may result in compensation.
- Cases of car accidents in which negligent drivers cause fatal accidents
- Failure to offer appropriate medical care
- Negligence in a nursing home
- Dangerous and faulty products
- Failure to keep a safe working environment
- Police use of excessive force
- Cases of slip and fall
Each situation will be unique. Most wrongful deaths in car accidents, for example, occur at the scene. However, there are occasions where an injured victim dies months, if not years, later as a result of complications from the initial injuries, and the person who inflicted them is still held responsible.
Hiring an Attorney Is Important
It is critical to hire an attorney.
Anyone planning to bring a wrongful death case should begin by finding an attorney. Most wrongful death legal firms also defend clients in non-fatal incidences of negligence, auto accidents, workplace injuries, and other personal injuries, and many offer free initial consultations or case assessments. Please get in touch with an attorney as soon as possible.
