For a person to be found at fault in a wrongful death claim, the plaintiffs need to meet the same burdens of proof required in cases involving living victims. Wrongful death cases are made up of four elements, and the victim’s surviving family members will have to prove them.
What Are Wrongful Death Claims?
The most important thing about wrongful death claims is that they allow survivors to seek compensation on behalf of someone who died because of negligent or careless behavior. Most times, an estate representative will handle the complaint. Not all cases, even the most unfortunate ones, qualify for wrongful death lawsuits. Such cases must meet very specific criteria to be filed.
The Elements of a Wrongful Death Case
To bring a valid claim, a victim’s family must prove the following elements.
- Negligence. In a wrongful death case, an attorney must prove that the person’s death was caused by the reckless, careless, or negligent behavior of the defendant.
- Breach of the duty of care. For a successful case, the plaintiff must prove that the victim was owed a duty of care. For instance, drivers must operate their vehicles safely and obey traffic laws. The plaintiff must demonstrate the duty existed and it was breached because of the defendant’s actions.
- Causation. Furthermore, to prove that the duty of care was breached, the plaintiff must prove how the defendant’s negligent behavior caused the victim’s death.
- Damages. To prove a claim, the victim’s death must generate measurable damages. These may include medical bills, hospitalizations, funeral costs, lost income, lost earning potential, loss of guidance and inheritance, and the victim’s pain and suffering before their death.
Proving these four points in a wrongful death claim requires convincing evidence as well as the testimony of witnesses. Wrongful death attorneys help build cases around the evidence they discover and the facts they learn.
Wrongful Death Causes
There are a few reasons to file a wrongful death claim, with all requiring documentation of the same four elements. Some of the most common causes include:
- Medical malpractice
- Birth injuries
- Auto, motorcycle, and commercial truck accidents
- Occupational hazards
- Product defects
- Workplace accidents
- Supervised activities including field trips and daycare
- Neglect and abuse at nursing homes and assisted living facilities
- Stabbings, shootings, and other criminal actions
Wrongful death claims are civil actions, not criminal cases, which makes the burden of proof lower. These cases are won and lost based on the evidence presented but are not bound by the “guilty beyond a reasonable doubt” standard set in criminal cases.
How are Settlements Paid?
Wrongful death attorneys get checks from the responsible party’s insurer, and they deduct their fees before paying the plaintiff. Funds are given directly to the plaintiff, not the deceased person’s estate. When families receive wrongful death settlements, they don’t have to pay inheritance, estate, or income taxes on that amount.
Who’s Eligible to File a Claim?
State law determines who can file a claim for wrongful death. In some jurisdictions, only the victim’s immediate family can file, while other places allow filings by anyone who depended on the victim for financial support.
Contact Us for Legal Representation
Where wrongful death cases are concerned, the quality and credibility of the evidence is crucial. For that reason, families are encouraged to hire legal counselors to pursue these claims. Visit us online to request more information or call to schedule a consultation.