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4 elements that must be proven in a wrongful death claim

On Behalf of | Jul 23, 2024 | Motor Vehicle Accidents

The loss of a loved one is a traumatic experience. When a death is unexpected and caused by the negligence or intentional harm of another party, the trauma may seem even more intense for those left behind.

Individuals who are in this position may want to seek justice for the death of their loved ones. One option that may be available involves filing a wrongful death claim if all four of the following elements can be proven

Death of a human

A wrongful death claim can only be filed if a human has died. The death can be due to a number of negligence-related factors, such as a medical malpractice issue, a car crash or any other reason that can be attributed to the negligence or intentional conduct of another party.

Duty of care

The next element involves the duty of care. This means that the responsible party had a legal obligation to the person who died. Establishing this duty is crucial because it forms the basis for arguing that the defendant failed in their responsibility.

Harm or negligence caused the death

Proving that harm or negligence directly caused the death is often the most challenging part of a wrongful death lawsuit. This involves showing that the defendant’s actions or lack of actions directly resulted in the victim’s death.

For example, a driver who runs a red light and causes a fatal crash would be considered negligent because they didn’t follow the traffic signal’s instruction to stop. Evidence, including medical records or eyewitness testimony may be required to prove this element.

Monetary loss for the immediate family of the decedent

Finally, a lawsuit must demonstrate that the decedent’s immediate family suffered a monetary loss, such as funeral expenses, due to the death. Losses can include the wages that the victim would have earned to support their immediate family members. Non-monetary damages, such as loss of consortium, may also be possible.

Wrongful death claims can be complex, so it’s best for anyone considering this option to work with a car accident lawyer who can assist with every facet of their case. These matters are subject to time limits for filing, so swift action is critical.