Family members of someone who died due to the negligence of another may be motivated to file a wrongful death lawsuit for restitution and as means to obtain justice for their relative taken too soon. Family members are advised to speak with a lawyer that is familiar with handling wrongful death cases so they have a qualified legal team guiding them through. Wrongful death lawsuits in particular can be emotionally charged and requires investigative strategies and a relentless spirit.
Duty
As a wrongful death lawyer from Hayhurst Law, PLLC explains, there must be enough evidence to show that there was a duty of care between the defendant and the deceased. This duty of care may be different based on the situation. For instance, every driver has a duty to others to operate their vehicle safely. And if a driver is reckless or negligent and causes an accident where another is injured or killed, then they may be held liable in a wrongful death lawsuit.
Breach
Once a breach of duty between the defendant and deceased has been established, it must be shown with proof that the defendant breached this duty of care in some way. This breach is a way of stating that the defendant had committed negligence when they should have acted with the safety of others in mind. But this breach of duty will vary according to the circumstances of the incident. For example, a car driver who was impaired by the use of alcohol is likely to be found in breach of their duty of care to other drivers.
Causation
After showing that a breach of duty occurred in the wrongful death event, it has to be proven that this negligent action directly caused the injuries that took the life of another. It is not enough that someone breached their duty of care if it did not directly lead to a death. A foundational element of every wrongful death case is that the defendant was responsible for the victim’s passing in a linear way.
Damages
Lastly, to have a strong wrongful death case, the death of the victim must have caused quantifiable damages to the surviving family members. These damages may entail medical expenses for the victim’s care before death, burial and funeral expenses, loss of wages the victim would have contributed to the family, loss of protection, loss of inheritance, and the degree of pain and suffering that the victim and family members endured.
Wrongful death incidents not only affect the life of the person lost, but the surviving family members and future generations to come. It is only understandable that the relatives left behind would want to take legal action against the offender. When a life is taken too soon, there is legal recourse that surviving loved ones can pursue to make sure their relative’s life is not gone in vain.