When it comes to a wrongful death case, the exact details are dependent on each individual circumstance. However, there are some key elements which are universal. If you feel like might have a wrongful death lawsuit to file, talk to your lawyer in Provo, Utah to know for certain.
Standard of Proof
In order to prove your case, you need to ensure that you meet the requirements for the standard of proof. The standard of proof in a wrongful death lawsuit is not as high as it is in a criminal case. Bring your proof to your lawyer and they will let you know whether or not you have enough.
Damage
Another important thing to consider is the damages caused by this incident. If you are able to prove that this resulted in loss of employment, a paycheck or even funeral costs then you can prove that damage has been done and can even ask for those damages to be paid back.
Cause
To prove causation, you need to prove that the actions or negligence of the defendant led to another’s death. This is an important part of your case as if you are unable to find any proof of causality between the death and the defendant it will be pretty difficult to make a case.
Negligent
Negligence basically means that because of the defendant a wrongful death has occurred. It would be pretty impossible to make a case without having proof of negligence. Discuss with your lawyer as to the specifics within your case in order to make sure that you have all that you need.
Breach of Duty
A breach of duty means that something that was supposed to uphold wasn’t and, as a result, someone died. An example of a breach of duty would be like in a malpractice case where a doctor was supposed to follow procedures to help a patient but did not. A breach of duty and negligence can almost seem like the same thing so make sure you discuss your specific case to see if you have a legitimate claim.
Sources
http://www.bsfdea.com/elements-of-wrongful-death/
http://injury.findlaw.com/torts-and-personal-injuries/wrongful-death-overview.html