Dealing with the death of a loved one is hard enough but struggling to come up with funeral costs and other financial burdens makes things more difficult.
Although the last thing on your mind is a lawsuit, it might be in your best interest to file a wrongful death claim.
If your loved one passed away because of a breach in the standard of care, you might win a wrongful death case. The downside is that wrongful death negligence is hard to prove.
Keep reading to learn more.
What Is Wrongful Death Negligence?
Wrongful death civil cases are different from murder or homicide criminal cases. A civil case involving wrongful death negligence aims to hold a defendant financially accountable for a surviving member’s related losses.
Wrongful death is a fatality caused by someone else’s wrongful neglect or act.
The deceased person’s surviving spouse, partner, child, or grandchild can file a wrongful death case. Anyone who can prove they were a dependent of the descendant is able to file.
What to Prove in a Wrongful Death Case
Negligence is the most common foundation of a wrongful death lawsuit. Negligence refers to the failure to act in a reasonable manner according to the standard of care.
To prove someone is liable for wrongful death, the attorney must establish the four elements of negligence:
- Duty
- Breach
- Causation
- Damages
We’ll go into detail about each of these elements.
Duty
The defendant has to have owed the deceased a legal duty of care. This is the responsibility to act like a rational person in the same situation.
For example, drivers have a duty to operate their vehicles safely to avoid causing injury to others. If they don’t and they cause death, they have breached the standard duty of care.
Breach
A breach in the duty of care refers to an omission or action that a reasonable party would not have committed. It can refer to careless acts by a defendant.
Reckless acts also include a disregard for the safety of others. Malicious intent to harm is also a breach.
Causation
Causation means that the breach of duty caused the injury in question. It can also substantially contribute to the injury to help prove negligence.
In a wrongful death case, proving that the fatality would not have happened without the breach of duty is essential.
Damages
Damages refer to what is lost by the plaintiff because of the wrongful act. In a wrongful death case, damages might refer to any of the following:
- Funeral or burial costs
- Loss of consortium
- Lost earnings
You can find a lawyer who can tell you exactly what damages you can be compensated for.
Hire a Wrongful Death Lawyer
Wrongful death negligence is not easy to prove. If you are the dependent of the person who passed away, you can file a wrongful death claim to receive compensation.
Without a wrongful death lawyer, you’ll have a hard time proving duty, breach, and causation. Without the elements of negligence, you won’t receive damages.
Refer back to this guide for advice and don’t forget to come back for more informative articles like this.
