No matter what the circumstances, the unexpected death of a closed one is the most devastating event in someone’s life. Moreover, if the death is caused due to the negligence of another person, it’s more painful. In such a situation, money cannot relieve the suffering, but it can reduce the financial burden in some way.
There is a provision of law that a person can bring a wrongful death claim for their loved one if the person died due to the negligence of someone else. However, the plaintiff needs to prove the elements of wrongful death to win the lawsuit.
Elements of A Wrongful Death Lawsuit
In order to win a wrongful death lawsuit, the following elements need to be proved. However, it’s better to hire a wrongful death attorney in Tampa who can help and guide the claim.
Duty of Care
One of the key elements of a wrongful death lawsuit is the negligence of duty of care. That means the defendant could have acted in a more responsible way to the deceased. Here the plaintiff needs to prove that the defendant was irresponsible and neglected his/her duty of care for which the death of the person happened.
The situation could be anything like a doctor or medical professional owing a duty of care of treating their patients properly or prescribing the right medicines. Another instance could be a driver should have driven the vehicle carefully, owing to a duty of care to the pedestrians and other drivers.
Breach of Duty of Care
After it was declared that the defendant owed a duty of care to the deceased, the plaintiff needs to prove that the defendant violated the breach. That means the death of the person caused due to the misconduct of responsibility.
For example, the death could have happened due to the misdiagnosis or mistreatment of the doctor. Or it could be due to the rash driving or texting while driving of a driver. So, the plaintiff needs to prove that the defendant violated the breach of duty of care.
Causation
Next, the plaintiff needs to prove that the cause of death is due to the act of misconduct. As in the above examples, the cause of death is due to the mistreatment of the doctor or the accident that occurred due to the distracted driver. So, the plaintiff has to prove that the cause of death resulted from the irresponsible actions of the defendant.
To prove this, the plaintiff should hire an experienced wrongful death lawyer because the defendant’s legal representatives try to prove the lawsuit as invalid by showing a different reason behind the death.
Intentional Wrongful Act
Another element of a wrongful death lawsuit can be due to intentional acts. A person can claim if the loved one died because of a violent assault of the defendant. Remember, wrongful death claims come under civil lawsuits and are different from criminal cases.
Sometimes people think that if a person was not found guilty in a criminal trial, they could not be proven guilty in a wrongful death claim. Well, that’s not the case; you can bring a wrongful death claim against someone even if they were proven innocent in a criminal trial.
Wrongful Damages
After proving that the death happened due to negligence or intentional wrongful act, the plaintiff needs to show proof of damages. Since the plaintiff will get compensation for the damages, he/she must show that the amount is justified. For that, the plaintiff has to show any of the following evidence:
- The survivor of the deceased needs to show records of financial losses due to the death.
- The plaintiff needs to show medical records for the emotional suffering and loss.
- Proof of evidence that the economy and quality of life have decreased due to death.
The Bottom Line
I hope the above information has helped you to know about the five elements of a wrongful death lawsuit. Since the case is serious, the chances are high that the defendant may hire a defense lawyer. So, it’s always advisable to hire a personal injury lawyer or wrongful death attorney to deal with the case.