An Easy Guide to Wrongful Death Claims An Easy Guide to Wrongful Death Claims


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An Easy Guide to Wrongful Death Claims

When my friend lost her husband after an accident at work, we naturally assumed that his employer would do right by the family. We were surprised to find out that the company had no intentions of doing anything over than sending flowers to the funeral. A group of us immediately went to work helping our friend get what was rightfully hers. Wrongful death laws are complex and we soon found ourselves in over our heads. Once we started working with an attorney, we began to understand what we were reading. I started this blog because I want others in the same situation as my friend to have the resources needed to get the settlement they deserve.

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3 Elements Of A Wrongful Death Claim You Must Prove

Even though the facts of your wrongful death claim might be unique, your case still has to meet certain requirements in order to be successful. The burden of proving those criteria falls to you and your personal injury attorney. In order to know whether or not you have a good case, it is important that you know and understand the criteria.

Duty of Care

The first criteria that your case must meet is duty of care. You must prove that the defendant had a duty to care for your lost loved one. For instance, if your loved one died as the result of an accident at work, you have to prove that the employer had a duty to ensure that the work environment was safe. 

The same could apply if your loved one died as the result of medical malpractice. You could argue that the health care provider had the duty or responsibility to ensure that your loved one received proper medical care. 

Breach of Duty

Once you have established duty of care, you now have to prove that the defendant breached that duty. In other words, you have to show that the defendant failed to do his or her job. 

For instance, if your loved one died in a car accident, you could argue that the other driver is responsible for your loss because he or she did not follow traffic safety rules which resulted in the accident and death. 

Causation

The final criteria that your case must meet is that you have to prove that the defendant not only breached his or her duty, but that this failure directly led to the loss of your loved one. 

If your loved one died on the job, you have to show that the employer's actions directly led to the death. For instance, you could argue because the employer did not cover the cables, your loved one died when he or she touched them.

It has to be clear that no other factors could be blamed for the death. Using the previous example, the employer might not be as liable if the exposed electrical cables were properly labeled with caution tape and warning signs. 

Building a wrongful death case is difficult. In fact, it can be one of the most difficult types of personal injury cases to prove. If you have lost a loved one, it is important that you talk to a personal injury attorney at a reputable law firm, such as Seaman Law Firm, as soon as possible to start building your case.