Wrongful death cases are hard for everyone involved in them. One big thing a lot of people struggle with when it comes to these cases is wondering if it is considered a wrongful death or if it is just an accident. What exactly does a wrongful death attorney need to do to prove that a wrongful death has occurred? And who can you file a wrongful death against?
There are four things that need to be proven before you can successfully sue someone for wrongful death. The first is negligence. This is when someone causes the accident because they were being negligent or careless. This step is super important to prove for you to ultimately win the case. The next thing you will need to prove is the breach of duty of care. In short, this step is when you have to prove the specific kind of negligence that was portrayed in the accident. This includes things like failing to adhere to specific safety instructions at a workplace or not operating a car safely.
Causation is the next thing you are going to need to prove. This is a pretty easy thing to prove most of the time. All you need to do is show that the negligent action was what caused the death of the individual. Lastly, you will need to prove that you were damaged by this accident. Whether it is monetary, emotional impact, or both, this step is very easy to prove. Hiring a wrongful death attorney is the best way to make sure all of these points are addressed in court.
There are a lot of different people you can file wrongful death suits against after you have proven that it is, in fact, a wrongful death case. The three most common categories are employers, property owners, and individuals.
The Victim’s Employer
The victim’s employer can be at fault for a lot of different reasons. Two of the most common ways that this can happen is if they fail to maintain a safe work environment for employees or they fail to keep up on the maintenance of work vehicles. It is crucial to let your wrongful death attorney know the details of this kind of situation so they can represent you in the best way.
Property Owners
If you are injured on someone else’s property, the owners may be responsible for a wrongful death suit. If their property lacks warnings of hazards, un-repaired hazards, or they are just negligent of their property, the can be held liable. An example of this is letting ice stay on your walkway for weeks without trying to remove it. If someone slips and hurts themselves on it, you can be held liable.
Individuals
Individuals are the most common people at fault for wrongful death cases. This includes distracted and or careless drivers, careless co-workers or strangers, and anyone that acts with the intent to cause harm. Individuals are at fault for these cases a lot because automobile accidents are one of the most common wrongful death claims and they fall in this category.
If you think you have a wrongful death case on your hands, your first step should be to contact a wrongful death attorney. A wrongful death attorney will help you prove that it was, in fact, a wrongful death case. They will help you prove that it actually was wrongful death by proving all four steps- negligence, breach of duty of care, causation, and damages. You can file a wrongful death claim for anyone that is liable for the death of your loved one due to negligence.
Sources:
https://www.fenstercohenlaw.com/how-do-i-know-if-we-have-a-case-for-a-wrongful-death-lawsuit