Losing a loved one can be devastating, especially if the death is caused by another person, which usually means the death is also untimely. If your loved one was a victim of wrongful death, a death caused by the negligence of another person or entity, you may file a lawsuit to seek compensation for the financial and emotional damages that you and your family have suffered.
To determine if a person is a victim of wrongful death, these four elements must be present:
The defendant’s recklessness or carelessness caused, partly or wholly, the death of your loved one.
2. Breach of duty.
The defendant owed a duty to the victim. For instance, a driver has the duty to observe and obey traffic laws, while a company shall maintain a proper standard of care in manufacturing their products. It must be established that the defendant’s duty existed and that it was a breach of the defendant’s negligence.
The defendant’s negligence must be proved to be what caused victim’s death.
The victimís death has resulted in measurable damages such as medical expenses, loss of income and potential earnings, guidance, and inheritance, among others.
Some common causes of wrongful death include vehicular accidents, medical malpractice, product defects, premises accidents, birth injuries, among others.