Wrongful death claims are both emotionally taxing and legally complex, as they require the survivors to prove that their loved one’s death was due to the negligence or misconduct of another party. The question is, where do you start?
Establishing Duty of Care
The first step in proving wrongful death is to establish that the defendant owed your loved one a duty of care. Duty of care refers to the legal responsibility one person or entity has to avoid actions that could foreseeably harm another person. The exact nature of this duty depends on the relationship between the defendant and the deceased.
For example, in the case of a car accident, the duty of care would be the defendant’s responsibility to follow traffic laws and drive safely to avoid causing harm to others. In a medical malpractice case, the duty of care would involve a doctor’s obligation to provide competent and professional medical treatment to their patient.
To build a strong wrongful death case, you and your wrongful death attorney need to demonstrate that the defendant had a duty to act responsibly and that your loved one relied on this duty for their safety or well-being.
Proving a Breach of Duty
Once you’ve established that the defendant owed a duty of care to the deceased, the next critical step is to prove that the defendant breached that duty. A breach occurs when the defendant fails to act in a way that a reasonably prudent person or professional would have in the same situation. In other words, the defendant acted negligently or engaged in misconduct that put others at risk.
For instance, if the defendant was speeding, texting while driving, or driving under the influence, these actions would likely constitute a breach of the duty of care in a car accident case. In medical malpractice cases, a breach might occur if a doctor failed to diagnose a condition correctly or administered the wrong treatment.
To prove a breach of duty, your legal team will need to gather evidence that shows the defendant’s actions (or lack of action) directly led to unsafe conditions that caused the wrongful death. This may involve obtaining traffic camera footage, witness testimonies, or medical records to establish the defendant’s negligence.
Establishing Causation
After proving a breach of duty, you must establish causation – the direct link between the defendant’s negligent actions and your loved one’s death. Simply proving that someone acted irresponsibly isn’t enough – you have to show that this breach of duty directly caused or significantly contributed to the death.
For example, if your loved one died in a car accident caused by a speeding driver, you would need to prove that the speeding was the primary cause of the accident and, ultimately, the death. In a medical malpractice case, you’d need to show that the doctor’s error directly resulted in the fatal outcome.
This can be one of the most challenging aspects of a wrongful death case, as defendants may argue that the death was caused by factors outside their control, such as pre-existing health conditions or unforeseeable events. To counter this, you’ll need compelling evidence like medical reports, expert testimonies, and forensic analysis to prove that the defendant’s negligence was the key factor that led to the wrongful death.
Gathering Evidence
Building a strong wrongful death case relies heavily on gathering and presenting the right evidence. This may include:
- Medical Records: These records can show the deceased’s condition before and after the incident, as well as any medical treatments or interventions that were improperly administered or delayed.
- Police Reports: In cases of accidents, police reports often contain crucial details about what happened, witness statements, and who was deemed at fault.
- Witness Testimonies: People who saw the incident unfold can provide valuable perspectives on the defendant’s actions leading up to the death.
- Expert Testimonies: In medical malpractice or technical cases, expert witnesses can explain how the defendant’s actions deviated from standard practices or protocols and caused the death.
- Photos and Videos: Visual evidence from the scene of the incident can help paint a clear picture of what happened and how the defendant’s actions led to the wrongful death.
Your attorney will help you gather this evidence and may even hire investigators to track down crucial information that supports your case.
Calculating Damages (Compensation)
If you’re able to prove wrongful death, the final step is determining the damages you’re entitled to receive. These damages aim to compensate the surviving family members for the financial and emotional losses caused by the death. Damages may include:
- Medical Expenses: Any medical bills that were incurred before the death, such as emergency treatment or hospitalization, can be claimed.
- Funeral and Burial Costs: The expenses associated with laying your loved one to rest can be included in your claim.
- Loss of Income: If your loved one was the family’s primary earner, you may be entitled to compensation for the loss of future income.
- Loss of Companionship: The emotional toll of losing a loved one is impossible to measure, but wrongful death claims allow for compensation related to the loss of companionship, guidance, and emotional support.
Navigating a Wrongful Death
There’s always pain in loss, but a wrongful death has an extra sting to it. There’s always a sense of bitterness and frustration over the cause, which can make it even more challenging to experience the kind of emotional healing you need to move on with your life. And while a wrongful death suit won’t bring your loved one back, it can provide some much-needed support during a very difficult time.
