What’s Involved in a Wrongful Death Case?
What is considered a Wrongful Death?
These are deaths caused by the carelessness or negligence of other people. When this kind of tragedy occurs, family members, such as spouses, parents, and children, pursue damages from a defendant, citing emotional and financial hardships brought about by the individual’s death. This provides the basis of the lawsuit, but, in trying this type of cause, it becomes necessary to prove a number of factors.
- Negligence
This is a primary part of proving wrongful deaths, as well as any personal injury case. It involves proving that the death was caused by the careless or reckless acts of the defendant. - Breach of Duty
Another facet of the lawsuit is in proving that the defendant owed a duty of care to the decedent. For instance, if the defendant owns a store in which the decedent had been shopping, the defendant had a duty of care to ensure the business was reasonably free of hazards. Suppose there was a spill and the decedent slipped on the spill, falling and hitting his head hard enough to cause brain death. If the defendant knew of the spill and declined to clean the mess, he was negligent. By not taking steps to protect the decedent from the hazard posed by the spill, the store owner committed a breach of duty. - Proximate Cause
In establishing the facts of the death, the plaintiff must also show the cause of the accident. In the above example, the spill was the proximate cause. - Damages
In all lawsuits, plaintiffs must show the damages suffered by the incident, such as a loss of wages, pain and suffering, etc. In cases of wrongful deaths, the damages involve the loss of the individual and how that affects the lives of the plaintiffs.
If you have lost someone due to the negligent acts of another, call/TXT wrongful death attorney Jake Gunter at Howard, Lewis & Petersen. By contacting an attorney experienced in handling cases of wrongful deaths, you may recover some of the expenses related to the passing of your loved one. While you can never have your loved one returned, recovering compensation for the loss can help you to move forward.
