Death is a part of life. We all know this, yet it can feel like a punch in the gut when it happens to someone close to us.
You may want to file a wrongful death suit if you have lost a loved one in an accident due to another’s negligence. This is a complicated process that many people don’t understand. From building your case to gathering evidence, the process can be confusing. But we’re here to help. This article will discuss various factors when making a wrongful death claim. It will also provide helpful tips to keep in mind when pursuing your case. Take a look.
The Relationship Between the Deceased and the Plaintiff
For a plaintiff to have standing in a wrongful death case, they must show that they had a close relationship with the deceased. This could be a spouse, child, parent, or sibling. Generally, the closer the relationship, the better your chance of winning your case. The court will also consider how dependent you were on the deceased. For example, if you were a stay-at-home parent and your spouse was the breadwinner, you may be more likely to win your case than someone who wasn’t financially dependent on the deceased.
The Negligent Party Must Have Owed a Duty of Care to the Deceased
The negligent party is the one who caused the accident or death. To win a wrongful death case, you must prove that this party owed a duty of care to the deceased. This means they were responsible for keeping the deceased safe from harm. For example, if a driver hits and kills a pedestrian, they owe a duty of care to that pedestrian. If a doctor fails to treat a patient properly, they may have also owed a duty of care to that patient.
The Breach of Duty Must Have Caused the Death
To recover compensation for your loved one’s death, you must show that the party at fault caused their injury. This is known as causation. For instance, if a doctor fails to treat a patient properly, the patient dies. As a result, there is a clear causal link between the doctor’s negligence and the death.
There Must Be Damages
There must be some form of harm or damage for a successful defamation claim to be brought forth. This is typically referred to as “damages.” For there to be defamation, the plaintiff must show that they have suffered some harm as a direct result of the false statements made about them. This harm can be either economic or non-economic.
Two types of damages can be awarded in a defamation case: compensatory and punitive damages. The former is intended to compensate the plaintiff for the harm that they have suffered. This could include lost wages, medical bills, or any other out-of-pocket expenses incurred directly from the defamation. On the other hand, the latter is not intended to compensate the plaintiff for any specific harm. Rather, they are designed to punish the defendant and deter them from engaging in similar behavior in the future.
The Negligent Party Must Have Breached Their Duty of Care
Once you’ve established that the negligent party owed a duty of care to the deceased, you must then show that they breached this duty. This means they failed to do something that a reasonable person would have done in the same situation or did something that a reasonable person wouldn’t have done. For example, if a driver runs a red light and hits a pedestrian, they have breached their duty of care.
Final Word
If you’ve lost a loved one and think you may have a wrongful death case, it’s important to seek legal counsel as soon as possible. The laws surrounding these cases can be complex, and an experienced attorney will be able to guide you through the process and help you get the compensation you deserve. We hope this blog post was helpful.