When a person dies as a result of another party’s recklessness or negligence, family members receive the right to file a wrongful death suit. The victim cannot hold anyone responsible, so the law allows loved ones left behind to act on their behalf. They can file a lawsuit to receive compensation for financial and emotional damages.
The victim’s parents, children, spouses, and other immediate family members are often the ones seeking compensation. However, those filing a wrongful death claim must be able to prove they have suffered. What are the elements of a wrongful death suit? The following information from Uvalle Law Firm provides a general overview of these elements.
The Four Elements
The first element in a wrongful death case is a breach of duty. Duty of care means the defendant had a legal obligation to provide a certain level of care to ensure the safety and well-being of other individuals. The plaintiff must show how this duty exists and how it was breached. For instance, in a medical malpractice suit, the doctor has a duty of care to perform as other doctors would in a similar situation. A failure to do so means they breached their duty.
Causation serves as the second element in a wrongful death suit. In addition to showing the duty of care, the plaintiff needs to be able to establish a link between the breach and the resulting death. If a person could not foresee the danger, they cannot be held legally responsible for any injuries related to that danger. This link must be shown by a preponderance of evidence or the plaintiff will lose the case.
One way in which a wrongful death suit differs from many other personal injury cases is in the damages, which stand as the third element in a wrongful death suit. The plaintiff must be able to provide quantifiable damages like medical and burial expenses, loss of protection, and loss of income. Furthermore, they may be able to seek damages for any pain and suffering on the part of the victim before their demise.
Negligence is the fourth element in a wrongful death suit. To prove this element, the plaintiff must show the defendant was negligent when breaching a duty of care. Furthermore, they have to show that there is a causal link between that duty and the victim’s death.
A failure to prove even one of these elements will lead to the case failing. Furthermore, individuals bringing this type of suit must understand contributory negligence and comparative negligence. Depending on where they file the suit, these may play a role in the damages awarded.
Negligence
Individuals filing a wrongful death suit must know the laws of the state in which the case will be filed. Certain states consider contributory or comparative negligence when deciding a wrongful death suit. A defendant will not be held liable in states using contributory negligence laws if the decedent in some way contributed to their injury and death. Even if the contribution on the part of the decedent was minimal, the state won’t hold the defendant liable.
Comparative negligence, in contrast, reduces the amount a family will get if the decedent contributed in any way to their death. States that use this method determine the percentage of responsibility of each party. If the decedent is determined to be 40 percent at fault for the incident that led to their death, the settlement will be reduced by that amount. An attorney becomes of great help when a person is determining what method, if any, is used in determining the fault of the decedent.
Wrongful Death Suits
When it comes to wrongful death, courts see certain types of suits frequently. Medical malpractice falls under wrongful death suits in many cases, as do product defect lawsuits. If a person loses their life in an automobile, motorcycle, or commercial truck accident, their family members may choose to pursue a wrongful death suit, and the same is true when a child suffers a birth injury.
Elder abuse has become more prevalent in the past few years, and some individuals have lost their lives as a result of this abuse. Loved ones might choose to sue the responsible parties in court. They could sue the assisted living facility, nursing home, or in-home caregiver who contributed to the death of this person.
An employer may face a wrongful death suit as a result of occupational exposure or hazards, while any business may find they are a defendant in a premises accident suit. Anyone who oversees supervised activities, such as those in child or adult care, must take care to ensure they aren’t sued by a participant’s family as a result of their demise. These serve as only some types of wrongful death suits, and a person may wish to speak with an attorney if they have lost a loved one and feel a third party is to blame.
Proving the Case
Wrongful death suits serve as civil actions. This explains why only a preponderance of evidence is needed for the court to find in favor of the plaintiff. In criminal courts, the person must be found guilty beyond a reasonable doubt. However, individuals shouldn’t assume this means they will easily win their case.
The person pursuing the case must develop a strategy, investigate the claim, hire experts, speak with witnesses, and research the law to prove the claim. In many cases, the other party wants to negotiate, and the plaintiff must know what amount to ask for to settle the case. With so many details to handle, many men and women hire an attorney to act on their behalf in this matter.
The attorney works with the client to gather credible evidence of high quality. This helps to ensure the burden of proof is met. Choose an attorney experienced in handling these types of cases. A person often only has one chance to prove their case and they don’t want any mistakes. An experienced attorney works on behalf of the client to obtain the compensation they deserve. As they do so, they protect the rights of the client and properly represent them in all venues. Someone who has lost a loved one should expect nothing less. They have been through enough already.