When a lived one passes away, it impacts your entire family. When the cause of a loved one’s death relates to another person and their actions, it may result in a court case. Seeking a lawyer to help with your case allows you to determine the appropriate steps to establish that a loved one’s death was the fault of a third party.
What is a ?
A wrongful death relates directly to the actions o a third party. It may relate to an accident, an intentional act of negligence. When a third party causes a person’s death by their actions or inaction, you my file a case.
Types of Civil Cases
Wrongful death cases fall into three primary categories: medical malpractice, negligence that results in a death or intentional actions that result in a death. A medical malpractice case means a doctor did not diagnose a condition accurately or was careless in the treatment of a loved one.
Intentional actions mean the person harmed your loved one on purpose. When you seek damages for a loved one’s case, you must file a civil suit. In this situation, you must prove that the other person had a duty to act and refused or otherwise took action to cause harm to your loved one.
The final type of case relates to negligence. An auto accident or workplace accident may fall into this category. The primary factor involved in this type of case is the actions of a third party. They caused the accident or the death of a loved one by neglecting a task or a behavior. For example, if someone causes a fatal car accident because they were sending a text message on their phone, then they may face a civil case.
What Must You Prove In Court?
A civil case differs from a criminal case. You do not need to prove something happened beyond a reasonable doubt. The goal proving that the death of a loved one was more likely caused by the other party’s actions than by another factor.
During the case, you must establish specific elements to prove a wrongful death. The first element is that the individual had a duty to your loved one. In the case of a doctor, the duty is appropriate medical care. In the case of an auto accident or a similar accident, the duty is following the laws of the state.
The next step is establishing that the person did not perform their duty, or breached their duty. That means you must prove the other party did not follow the appropriate laws. For example, they did not give our loved one a medication or they ailed to follow the state’s driving laws.
The final aspect of proving your case is that your loved one died because of their actions. If your loved one died because of the car accident, then you have a case. If your loved one died because their car’s brakes were faulty, then you do not have a case.
Suing a third party after a loved one dies is a complex process. You want to take steps to ensure you understand your state laws and work with a lawyer to evaluate the details of your case.
SOURCES:
https://www.nolo.com/legal-encyclopedia/what-damages-available-wrongful-death-case.html
https://www.alllaw.com/articles/nolo/personal-injury/how-wrongful-death/
https://www.nolo.com/legal-encyclopedia/proving-wrongful-death-civil-case.html
https://www.bsfdea.com/elements-of-wrongful-death/
