The loss of a loved one is always a tragic event, but when someone dies due to another person’s negligence or malicious acts, survivors find it even harder to move on. Filing a wrongful death lawsuit against the liable party can help to give surviving family members closure while simultaneously helping them pay hospital bills or funeral expenses, make up for lost wages, and compensate for other damages. There’s a right way to go about filing a wrongful death suit, though, and it’s described below.
The Elements of a Successful Case
Obtaining compensation following a wrongful death requires proving four essential elements. As any good attorney will note, your wrongful death suit may not be successful if you can’t prove even one of the elements of a successful case. To get compensation for a client, an attorney will have to prove the following items.
1. Duty of Care
First, an attorney will have to prove that the defendant owed the deceased a duty of care. This requires showing that a reasonable person would expect the defendant to exhibit a certain level of caution, though the specifics are different for every case. Examples can include drivers following traffic laws or doctors administering appropriate treatments.
2. Breach of Duty of Care
Second, an attorney must prove that the defendant did not meet his or her duty of care. If a driver runs a red light, for example, that’s a clear breach, as is a doctor failing to order an essential test that could have led to a timely and accurate diagnosis.
3. Causation
Third, an attorney will need to prove that the breach of a defendant’s duty of care directly led to the deceased’s death. For example, the driver hit a car as a result of running the red light, or the doctor’s failure to administer timely care led to a patient’s death.
4. Damages
Lastly, an attorney will need to show that the plaintiff suffered damages as a result of the person’s death. Common examples include loss of income, funeral expenses, medical bills, and intangible losses such as loss of companionship.
Common Types of Wrongful Death Cases
Not all accidents can be considered wrongful deaths, and these cases can be notoriously difficult to prove. It’s important to hire a lawyer who can analyze the situation and recommend appropriate legal options as quickly as possible. Some cases are more straightforward than others, but common examples of wrongful death cases that could lead to compensation include the following.
- Car crash-related cases in which negligent drivers cause accidents that lead to loss of life
Failure to provide adequate medical care
Nursing home negligence
Dangerous, defective products
Failure to maintain a safe work environment
Excessive use of force by police
Slip and fall cases
Each case will be a little different. With car crashes, for example, most wrongful deaths occur at the scene. However, there are also cases where an injured victim dies months, or even years, later as a result of complications from the initial injuries, and the individual who caused them is still held to account.
Hiring an Attorney Is Key
Anyone who plans to file a wrongful death lawsuit should start the process by finding an attorney. Most law offices that handle wrongful death cases also represent clients after non-fatal incidents of negligence, auto accidents, workplace injuries, and other personal injuries, and many offer free initial consultations or case reviews. Call to speak with an attorney as soon as possible.