How to Prove (and Win) a Wrongful Death Case
Posted on: 12 November 2020
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The unexpected demise of a loved one is always difficult to accept, especially if someone else's negligence or actions caused their death. As a surviving relative of the decedent, you can file a wrongful death lawsuit against the at-fault party. This type of lawsuit is intended to help you receive financial compensation for your loss.
There are a variety of things that are considered during the litigation process for a wrongful death case. As the plaintiff, you have to prove the following elements to have a good chance of receiving financial compensation in a wrongful death case.
Duty of Care
As with other types of accident and personal injury cases, the plaintiff in a wrongful death case must prove that the defendant owed a duty of care to the decedent. For instance, motorists owe a duty of care to other road users by driving safely and observing traffic rules. Medical practitioners, on the other hand, have a duty of care to exercise reasonable care while treating their patients.
Breach of Duty of Care
To have a chance at winning your wrongful death case, you must prove that the defendant's negligence or deliberate actions resulted in the death of your loved one. In the case of the motorist, their breach could be jeopardizing the safety of other road users by driving under the influence (DUI).
As for medical professionals, over-prescription or misdiagnosis could lead to a guilty charge in a wrongful death case.
Causation
To win your wrongful death case, you will need to further prove that the plaintiff's negligence or intentional acts directly contributed to the death of your loved one. This means that the drunk driver caused the accident that lead to a fatality on the road or that the doctor's over-prescription killed their patient.
Damages
Wrongful death cases offer real financial compensation. However, you can only receive damages for quantifiable damages such as funeral expenses, lost income from the deceased, lost future earnings, lost guidance and companionship, in addition to the pain and suffering the victim may have gone through before they succumbed to their injuries.
To win your wrongful death case, you must prove all of the above-highlighted elements. A wrongful death lawyer can help you build a strong case and increase your chances of receiving the full financial rewards you deserve for your loss.
Contact a wrongful death attorney in your area to get advice on your case.