Losing a loved one is a harrowing experience. When it happens due to someone else’s negligence, it can be even more devastating.
In such cases, families may seek justice through a wrongful death case. To build a strong case, several elements must be carefully considered and established.
1. Negligence
Negligence is a fundamental element in any wrongful death case. It involves proving that the responsible party had a duty of care toward the deceased but failed to meet that obligation, resulting in the fatal incident. This can include actions such as reckless driving, medical malpractice or inadequate safety measures.
2. Causation
Establishing a clear link between the negligence and death is important. It requires demonstrating that the negligent actions directly caused the fatal outcome. This involves presenting evidence, such as witness testimonies, expert opinions and documented events, to connect the dots and show how the negligence led to the tragic end.
3. Breach of duty
To strengthen a wrongful death case, it is necessary to demonstrate that the responsible party breached their duty of care. This means proving that they failed to act reasonably or responsibly in the situation that resulted in the loss of life. Evidence showcasing the deviation from accepted standards of care can significantly bolster this aspect of the case.
4. Damages
Damages refer to the losses suffered by the surviving family members as a result of their loved one’s death. These losses may include emotional pain, financial strain and the impact on the family’s quality of life. Providing clear evidence of these damages is important in seeking compensation and holding the negligent party accountable.
In 2021, 224,935 deaths occurred due to unintentional injuries, making them the fourth leading cause of death. When the root of the death is negligence by another party, families have the right to seek justice.