A wrongful death case is for a personal representative of the deceased to sue who they deem to be the at-fault, responsible party for their death. There are some criteria required to file a legally sound wrongful death lawsuit. Generally, the plaintiff must prove that there was negligence or an intentional act from the at-fault party that caused their death.
More specifically, there should first be proof that the at-fault party had a duty to the deceased. This may be a guarantee of safety given their position, as a doctor has high expectations to treat their patients with extreme care and act in their best interest for their health. This duty is commonly referred to as “due care”. Next, there should be proof of a breach of this duty of due care to the deceased. This could be in the form of the aforementioned doctor rushing their patient’s treatment. The patient may not be properly treated, their condition may worsen, and it can lead to their tragic death. In any case, it should be evident that the other party breached their duty owed to the deceased.
Additionally, there must be evidence that the other party’s breach of duty was the direct cause of this death. There should be a connection between the actions that were taken before your loved one’s death and the actual death that show that there was direct causation. Time frames as well as eliminating alternative causes are often relevant and important here. Lastly, you must prove that actual damages were suffered as a result of this death. This could be if the deceased was the main source of income for a family and they no longer have this income. It can also be pain and suffering, funeral costs, burial costs, and more. If there is proof that these damages existed and affected the plaintiff, then there is a strong case for a wrongful death lawsuit. Though it may seem tedious in a time of grief, these aspects are important to ensure that you are awarded your rightful damages, get justice for the deceased, and some peace of mind.
We at America’s Consumer Lawyer are proud to serve our fellow citizens in personal injury cases. We are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are compensated for the losses resulting from this tragic death, and you won’t owe us anything upfront for our services.
If your loved one has died a wrongful death due to negligence, contact America’s Consumer Lawyer for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. We have years of experience successfully representing the people, and not the powerful. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
