Losing a loved one to someone else’s negligence or wrongful actions compounds grief with injustice. While no legal action can truly compensate for your loss, a wrongful death claim can provide financial security and accountability.
Understanding the elements of a successful claim can help surviving family members pursue the justice they deserve. Here are 4 important factors your lawyer will pay close attention to when building a strong wrongful death case.
1. Establishing a Legal Duty of Care
Key question: Who was responsible for providing care?
The foundation of any wrongful death case is proving the defendant owed your loved one a legal duty of care. Doctors owe patients a standard of medical care, drivers owe other road users safe operation of vehicles, and property owners owe visitors reasonable safety measures. Employers must provide safe working environments, while product manufacturers must ensure their products are reasonably safe for consumer use.
2. Proving the Duty Was Breached
Key question: What was the negligent act?
You must demonstrate the duty was violated through negligence, recklessness, or intentional misconduct. This might include a distracted driver running a red light, a doctor prescribing the wrong medication, a landlord ignoring faulty wiring, or a manufacturer skipping safety tests. Reckless conduct involves conscious disregard for safety, such as driving while intoxicated. In a wrongful death lawsuit, identifying this reckless conduct is critical.
3. Connecting the Breach to the Death
Key question: How did negligence contribute to the death?
The most challenging aspect is proving that the defendant’s breach directly caused your loved one’s death. Medical evidence, timeline documentation, and expert testimony must specifically connect the defendant’s actions to the fatal outcome. Your case must also address and eliminate alternative explanations for the death that defense attorneys will inevitably raise.
4. Demonstrating Compensable Damages
Key question: What are the damages?
You must establish the specific losses suffered by surviving family members that warrant financial compensation. These include economic damages like lost financial support and funeral expenses, non-economic damages such as loss of companionship, future financial projections, and possibly punitive damages in cases of egregious misconduct.
Get the Legal Support You Deserve
The Law Offices of Tim Misny can help you establish each critical element while you focus on healing. When negligence has robbed your family of a beloved member, I’ll Make Them Pay!® Call my office at (877) 614-9524 for a compassionate evaluation of your potential wrongful death claim.
