Wrongful Death Four Elements

When a person loses their life as the result of another person's negligence, the decedent's family members have a right to file a wrongful death lawsuit and pursue closure and compensation for their losses. However, in order for a wrongful death claim to be successful, there must be four elements present.

What Elements Are Needed to File a Wrongful Death Claim?

The four elements required for a successful wrongful death claim include the following:

Duty of Care

A wrongful death lawyer must prove that there was a duty of care owed to the decedent by the other party. The duty of care can look different, depending on the situation. For example, a driver has a responsibility to act in a careful, cautious, and reasonable manner and must drive responsibly. If the motorist was driving under the influence of drugs or alcohol, resulting in a motor vehicle collision and loss of life, that driver could be held liable.

Breach of Duty

Once a duty of care has been established between the defendant and the decedent, a wrongful death attorney must show that the defendant breached their duty of care. This breach is another way of saying the other party was negligent. For example, a driver operating a motor vehicle while intoxicated breached their duty of care.

Causation

Once it has been established that the defendant breached their duty of care, an attorney must show that the defendant's breach is what caused the injuries that resulted in death. Even though a person breaches their duty of care, this doesn't mean that their negligent actions resulted in the loss of life.

Damages

For a successful wrongful death claim, the loss of life must generate quantifiable damages. These damages can include medical expenses, funeral and burial costs, loss of income, loss of inheritance, protection, and guidance, and other losses.

How Can You Prove Wrongful Death?

To prove wrongful death, a lawyer must have evidence of each element. The claim will fail if any of the elements of the case are left out.

The types of evidence needed to prove wrongful death can include:

• Medical records
• Medical bills
• Funeral and burial costs
• Witness testimony
• Expert testimony
• Accident reconstruction
• Employment records and pay stubs
• Vehicle repair estimates

And more.

Do I Have a Wrongful Death Case?

A wrongful death lawyer can help you establish the four elements of a wrongful death claim. They will investigate the accident, consult with experts, and gather and analyze evidence to prove negligence.

What Are Common Causes of Wrongful Death?

Common causes of wrongful death include:

Auto Accidents

Distracted driving, driving under the influence of drugs or alcohol, speeding, or reckless driving are common causes of wrongful death.

Medical Malpractice

Negligent medical care or medical errors made by healthcare professionals can result in wrongful death.

Workplace Accidents

Death in the workplace can occur due to employer negligence, an unsafe work environment, or lack of training.

Product Liability

Dangerous or defective products can result in fatal injuries. A manufacturer, retailer, or distributor can be held responsible if a defective product results in someone's death.

Premises Liability

Property owners can be held liable if a death occurs on their property due to unsafe or dangerous conditions, including inadequate safety measures, poor lighting, lack of warning, or negligent maintenance.

Criminal Acts

Acts of violence, including murder, robbery, or assault can result in wrongful death.

Nursing Home Abuse or Neglect

Wrongful death in a nursing home can be caused by physical abuse, medication errors, malnutrition, or dehydration.

Construction Accidents

An accident on a construction site can result in wrongful death due to equipment malfunctions, falls, and structural failures.

Contact Us Today

If you lost a loved one due to the negligent, careless, or reckless actions of another, contact MVP Accident Attorneys today to schedule a free consultation with one of our experienced wrongful death lawyers.