No one ever plans or hopes to lose a loved one. Unfortunately thousands of people are killed each year through accidents or other circumstances. In some cases families may be able to get compensation for their loss through taking out a wrongful death case.
The most common wrongful deaths occur from auto accidents, defective products, medical malpractice and workplace accidents (particularly construction sites) and intentional acts of violence. There are many other causes of wrongful death too of course.
A wrongful death is one in which the death is caused by another person’s or company’s negligence, inaction, malpractice or other unjust action. The actual legalities involving wrongful death cases vary from state to state but they all follow four basic elements to bring about a successful case.
- It must be proved that the victim’s death was caused either wholly or in part by the defendant’s conduct.
Essentially the plaintiff must be able to show that the defendant had a duty to act in a certain way, but failed to do so, resulting in subsequent death. Witnesses will probably need to be found and called. In many cases medical reports and police reports are also used as evidence. In product liability, medical malpractice and construction accidents experts are also often called in to give evidence.
- It must be proved that the defendant was negligent or strictly liable for the death.
- There must be a surviving spouse, children, beneficiaries or dependents.
In some cases this can cause difficulty as beneficiaries may jockey amongst themselves as to who is eligible for compensation and to what degree.
- It must be shown that monetary damage has resulted from the death.
This usually involves showing loss from such things as funeral expenses, medical expenses and money that would have been thought to be expected for each beneficiary if the death had not occurred.
Additional Legal Information: Jodat Law Group. Serving clients in Bradenton, FL.