Negligence-based wrongful death claims are very complicated and require legal help. Losing someone you care about is never simple. But, it can be significantly more painful if the death’s cause is through the negligence of another person. The loved one who passed away is no longer around to dispute the one who brought about the catastrophe. It is instead up to the survivors to hold the responsible parties accountable for their conduct.
If you have suffered the unexpected death of a loved one as a result of someone else’s carelessness, our attorneys may be able to assist you in seeking justice by bringing a wrongful death case against the person who was responsible for your loved one’s death.
Wrongful Death Action
When a loved one or family member dies as a result of another’s unjust conduct, you may be able to obtain financial compensation from the at-fault individual or entity by initiating a wrongful death case.
If someone you love dies in a vehicle accident by a drunk driver, the at-fault driver possibly may identify as the defendant in a wrongful death case. Let’s say there is a dangerous malfunction that kills a family member, the manufacturer of the product may be liable in a wrongful death lawsuit.
The objective of a wrongful death case is to provide financial support and recompense for the companionship that you may have lost as a result of your loved one’s passing.
You may be wondering, what led to the loss of your loved one? This will have a significant impact on the course of action in a wrongful death lawsuit. It is not necessary for someone to behave maliciously in order for their deeds to be incorrect. A careless error might nonetheless subject someone to liability.
Negligence-Based Wrongful Death Claim
An individual’s death frequently results from the carelessness of another person. Negligence is the inability to act with the degree of caution that a prudent person would use in a similar situation. In other words, negligence is just an error that someone else made. Even if someone didn’t want to kill your loved one, that doesn’t exclude them from possible responsibility.
In a wrongful death claim, there are four components of negligence. Proving obligation, violation, causation, and damages will result in a successful claim.
To hold the defendant legally accountable for your loved one’s loss, your attorney must effectively show that the defendant owed your loved one a “duty of care.” To act in a way that would keep your loved one safe or to refrain from behaving in a way that may potentially hurt your loved one is to owe a duty of care.
The obligation is defined by what a “rational person” would do in the same or similar circumstances. The law compels everyone to be reasonably cautious in order to avoid foreseeable injury to others. That is to say, an individual has a responsibility to a loved one if a “reasonable person” would determine that such a duty existed in the circumstances in which your loved one died.
Violation of Duty
When the at-fault party violates the duty of care, there is a breach. Failure to execute adequate safety protocols may constitute a violation of the duty of care. Drivers might violate their duty of care by not paying attention or observing traffic laws. How does one determine whether there was a violation of the duty of care? The judge or jury analyzes what a reasonable person would do in the same scenario.
To qualify as negligent, someone must have caused your loved one’s death as a direct result of their actions. In other words, blame is another way to conceptualize causality. Your attorney has to be able to demonstrate that the defendant’s negligence caused your loved one’s death in order for your wrongful death claim to be successful.
A negligent person must be able to show they have suffered injuries as a result of the negligent party’s actions. This component is simple to show in a wrongful death claim. That’s because the “damage” suffered was the untimely death of your loved one.