December 30, 2021 | Wrongful death

Losing a loved one can be very painful. The loss can be even more devastating when the death of a loved one is the result of another party’s negligence or intentional actions. Filing a wrongful death lawsuit can help you and your loved ones begin to find healing.

What is a wrongful death lawsuit?

Not all deaths occur from natural causes, illnesses or are purely accidental. Some deaths are the result of the actions (or lack of thereof) of other parties. A wrongful death lawsuit can be filled against a party whose negligence or actions resulted in the death of a person. These lawsuits allow the surviving family of the victim to seek justice on behalf of their loved one. While financial compensation cannot make up for the loss of your loved one, filing a lawsuit can help to ensure that the survivors of the victim are catered for financially.

Filing a lawsuit will also ensure that the party responsible for the death of your loved one is punished for their negligence or action. It will help to prevent the same thing from happening to other people.

Proving a wrongful death

Not all deaths qualify for wrongful death lawsuits. This is true even for deaths that occur as a result of accidents. In order to file a wrongful death lawsuit, the following criteria must be fulfilled.

1. There must have been a duty of care

It is important to show that the defendant owed the victim a duty of care. This means that you must show that the defendant was expected to exercise a certain level of care towards the victim. For example, a doctor has a duty of care to his or her patients. They should do all they can to provide an accurate diagnosis in order to administer the right treatment.

2. There must have been a breach of duty

A death can only be considered a wrongful death if the party that caused the death owed the victim a duty of care and breached this duty. Failure of the defendant to meet their duty of care is considered negligence. For example, a motorist has a duty of care to other road users. Motorists are required to drive safely and obey traffic laws. When an accident occurs as a result of a motorist breaking the law and driving unsafely, the motorist is said to have breached their duty to other road users. If a death occurs as a result of their negligence, the death may be considered a wrongful death.

Proving a breach of duty is vital for the proving a wrongful death lawsuit.

• The defendant caused the death

It is also important to prove that the defendant’s actions (or lack of action) caused the death of the victim. You will have to show that the breach of the duty by the defendant was directly responsible for the death of the victim. For example, if your loved one died at work as a result of failure in the equipment they were using, you would have to prove that their employer failed to purchase the right equipment or that they did not maintain their equipment properly. If you’re filing a lawsuit against the manufacturer of the equipment, you will have to prove that the manufacturer designed or manufactured faulty equipment.

It is important to note that causation may be intentional or unintentional.

• There are damages resulting from the death

It is also important to prove that the death of the victim resulted in damages that the victim’s loved ones are suffering. For example, if the victim had children and a spouse that were dependent on them for income to cover bills, the family will no longer have a source of income. The family can file a wrongful death lawsuit and receive compensation to cover their bills. Other damages that survivors can claim include medical bills, funeral expenses, loss of protection or guidance, loss of potential earnings as well as pain and suffering.

Financial compensation for a wrongful death lawsuit is often based on the damages the survivors suffer as a result of the death of their loved one. It is therefore important to accurately present the damages suffered as a result of the loss of your loved one.

Do you need a wrongful death attorney?

Have you lost a loved one due to the negligence or the action of another party? It can be a challenge to prove a wrongful death. Hiring an experienced wrongful death attorney can help you prove that the death of your loved one meets all the right criteria. Your attorney will assess your case and help you determine the estimated worth of your case. They will also gather evidence to prove that the death was caused by the defendant and that they were negligent.

Contact us today to speak to an experienced wrongful death attorney and begin the process of filing a wrongful death lawsuit.

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