The most severe personal injury cases involve claims for wrongful death. Usually, wrongful death claims are filed by the decedent’s survivors to obtain compensation for losses incurred due to the decedent’s demise. Wrongful death claims occur when an individual dies due to another person’s negligence or intentional actions.
These claims may arise in various situations, such as deaths resulting from car accidents, the use of hazardous substances, and nursing home abuse, which are especially common in medical negligence cases. Let’s learn more here about the wrongful death case and its legal complications.
Proving a wrongful death claim
The parts of a typical wrongful death suit are explained below.
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Components of a wrongful death claim
Many wrongful death cases, though not all, rely on the idea that the decedent’s death was brought about by negligence rather than malicious behavior. The plaintiff must prove each of the four elements of a typical negligence cause of action outlined below to be successful in a wrongful death lawsuit based on negligence.
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Duty
Duty refers to a person’s ethical duty to handle another person in a specific manner. For instance, drivers are responsible for respecting traffic regulations and avoiding endangering other road users, just as physicians are responsible for treating their patients in a medically acceptable manner.
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Breach
When someone acts in a manner that does not comply with the law, this is regarded as a breach of duty. If a doctor used reasonable care, they would not have given a drug to which the patient was allergic; for example, the plaintiff in a medical malpractice action could show a breach of duty by providing evidence that backs up their claim. In a car crash lawsuit, the plaintiff could show that the at-fault driver violated their duty of care by proving that they were traveling 20 mph over the speed limit, which is considered a violation of the law.
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Causation
There is causation when the claimant is not injured but for the defendant’s duty breach. In the preceding car accident, the plaintiff might prove causation by presenting proof that, had the other motorist followed the speed limit at the time of the crash, they would not have suffered injuries.
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Damages
When the plaintiff suffers an injury that can be fixed via monetary compensation, damages exist. The plaintiff in the previously mentioned car accident could show damages by presenting medical costs incurred due to treating his or her wounds. This part is relatively easy to prove.
