2 Crucial Elements in a Wrongful Death Claim
The wrongful death of a loved one is an unimaginable tragedy that can leave families feeling helpless and confused. In the wake of such a devastating loss, you should know your rights and understand how wrongful death claims work to seek justice for your family.
A wrongful death claim affirms that someone else's negligence caused the untimely demise of your loved one and allows you to take legal action against those responsible. But since wrongful death claims are complex and involve various legal elements, you need to prove the defendant's negligence. To do so effectively, you need to understand the crucial elements of wrongful death cases.
This blog post explores these elements further so you can make sure your wrongful death claim has all the pieces in place.
1. Duty of Care
Before you can prove negligence in wrongful death claims, you need to establish that the defendant had an obligation to act with reasonable care toward your loved one. This legal obligation, known as the duty of care, stems from the concept that people should act with a certain amount of caution and consideration for other people's safety.
The duty of care depends on the circumstances and relationship between the parties involved. For example, a property owner has a responsibility to maintain safe premises for visitors, and a doctor has to provide the standard of care expected from a reasonably skilled practitioner.
Once you prove that the defendant had a duty to act with reasonable care, you need to demonstrate that they breached their duty. Breach of duty occurs when the defendant fails to meet the standard of care expected of them, which results in harm or injury to a person.
For instance, if a doctor prescribes medication and fails to inform the patient of the risks involved, the doctor has breached their duty to provide standard care. Likewise, if a property owner allows hazardous conditions to exist on their premises and fails to warn visitors, they have breached their duty of care.
Your wrongful death claim could fall apart if you fail to prove the defendant's duty of care. Be sure to thoroughly investigate the defendant's legal obligations so you can properly demonstrate a breach of duty.
2. Causation
Once you prove that the defendant had a duty of care and they breached their duty, you need to establish cause and effect. You have to prove that the wrongful death of your loved one directly resulted from the defendant's failure to exercise reasonable care.
In wrongful death claims, causation necessitates an analysis of the actual and proximate causes. Actual cause is the direct link between the defendant's wrongful action and the victim's death. For example, if a driver runs a red light, hits another vehicle, and kills the passenger, the actual cause of death is the wrongful action of the driver.
On the other hand, proximate cause is the foreseeable consequence of wrongful action. For instance, if a doctor prescribed the wrong dosage of medication that led to fatal complications, the doctor's wrongful action is a proximate cause of death. In this case, the series of events set in motion by the wrongful act is basically what creates a foreseeable result.
To prove causation, your lawyer can use expert testimony, medical records, eyewitness accounts, and other evidence to establish a link between the wrongful act and wrongful death. They could even use the but-for test, which implies that without the defendant's wrongful action, the wrongful death wouldn't have occurred.
Once your wrongful death claim establishes the wrongful act and wrongful death, you can move on to prove damages. If you can prove this element successfully, you can secure wrongful death compensation for your family.
Understandably, wrongful death claims can be emotionally challenging and complex. At Borbi, Clancy & Patrizi, we take a personalized approach to wrongful death cases. We understand the complexities of wrongful death claims and will use our legal knowledge, expertise, and resources to help you get the justice and compensation you deserve.