All About a Wrongful Death Lawsuit
FOUR KEY ELEMENTS The law defines four key elements that make up a wrongful death claim: negligence, breach of duty, causation, and damages. You must be able to provide convincing evidence and an expert witness testimony presented by a skilled attorney in order to have a successful lawsuit.
NEGLIGENCE If the victim’s surviving family members or legal representatives can prove that the death of their loved one was caused partially or completely by the defendant’s recklessness, carelessness, or negligence, they can hold the defendant liable in a wrongful death claim.
BREACH OF DUTY If you can prove that the defendant breached a duty he owed to the victim, you can have a successful case.
CAUSATION On top of proving how the defendant broke their responsibility, they must describe how it caused the death of their loved one.
DAMAGES The victim’s death must have generated measurable damages, like hospitalization, medical expenses, funeral and burial costs, loss of income
WHAT ARE THE MOST COMMON CAUSES? Medical malpractice Birth injuries Product defects Occupational exposure and hazards Premises accidents