The Legal Elements of a Wrongful Death Claim

A wrongful death claim is a legal action that is brought by the surviving family members of someone who has died as a result of another party’s negligence, recklessness, or intentional harm. This type of claim seeks to hold the responsible party accountable for their actions and to provide financial compensation to the victim’s family for the losses they have suffered as a result of their loved one’s death.

In order for a surviving family member to successfully pursue a wrongful death claim, there are some key legal elements that must be present. Understanding these elements is critical for anyone who is considering filing a wrongful death lawsuit, as it can help to ensure that the claim is properly structured and has a higher chance of success.

Element 1: Duty of Care

The first element that must be established in a wrongful death claim is the existence of a duty of care. This means that the responsible party had a legal obligation to act in a manner that was reasonable and prudent under the circumstances and that they failed to fulfill that obligation.

For example, a doctor has a duty of care to provide appropriate medical treatment to their patients. If the doctor fails to diagnose a serious medical condition and the patient dies as a result, the doctor may be liable for the patient’s wrongful death.

Element 2: Breach of Duty

Once the existence of a duty of care has been established, the next step is to demonstrate that the responsible party breached that duty. This means that they acted in a way that was careless, reckless, or intentional, and that their actions directly caused the victim’s death.

For example, if a driver was speeding and ran a red light, causing a fatal car accident, they would be in breach of their duty to drive in a safe and responsible manner.

Element 3: Causation

In addition to demonstrating a breach of duty, it must also be shown that the responsible party’s actions directly caused the victim’s death. This means that there must be a direct link between the responsible party’s actions and the victim’s death and that the death would not have occurred but for the responsible party’s actions.

For example, if a construction company fails to put in place proper safety measures at a construction site, causing a worker to fall to their death, the construction company’s actions would be a direct cause of the worker’s death.

Element 4: Damages

Finally, in order to be successful in a wrongful death claim, the victim’s family must be able to demonstrate that they have suffered damages as a result of their loved one’s death. This can include a wide range of damages, including financial losses, such as lost income and medical expenses, as well as emotional damages, such as pain and suffering, loss of companionship, and loss of support.

In order to be compensated for these damages, the victim’s family must provide evidence of the specific losses they have suffered, such as medical bills and pay stubs to demonstrate the loss of income.

Conclusion

The legal elements of a wrongful death claim can be complex, but it is important to understand them in order to effectively pursue a claim. By establishing the existence of a duty of care, demonstrating a breach of that duty, showing causation, and proving damages, a wrongful death claim can provide a measure of justice for the victim’s family and hold the responsible party accountable for their actions.

If you have lost a loved one due to another party’s negligence or intentional harm, it is important to speak with an experienced wrongful death attorney who can help you navigate the legal process and ensure that your rights are protected. With the right legal support, you can receive the compensation and justice that your family deserves.

At Swartz & Swartz, you can get the help of the best wrongful death lawyers who can enhance your chances of success in a wrongful death claim. The attorneys at Swartz & Swartz have a long history of successfully representing families in wrongful death cases, and they are dedicated to fighting for the rights of their clients and securing the best possible outcome for their cases. If you have lost a loved one due to someone else’s negligence or intentional harm, contact us now to discuss your case.