If someone close to you has died as a result of someone else’s actions or inaction, you might have a wrongful death claim on your hands. But before you move forward, you need to feel confident about the body of evidence you’re going to present. What exactly needs to be proven in a wrongful death claim? And how do you maximize your chances of success?
The Elements of Negligence
Wrongful death claims are tricky to navigate, which is why wrongful death lawyers exist. With the help of a wrongful death lawyer, you can better understand the nuances of your case, the law in your jurisdiction, and the process to maximize your chances of success.
In any case, if you want to prove wrongful death, you’ll need to prove the four elements of negligence. First, you need to show that there was a duty of care owed to the decedent. Second, you must show that the defendant breached that duty in some significant way. Third, you need to show harm; obviously, you’ll need to show that the plaintiff died to demonstrate wrongful death, but you’ll also need to show other types of damages If you want to recover them. Fourth, you’ll need to show a causational link between the breach of duty and the damages sought.
Duty of Care
Everyone owes a duty of care to others, with respect to their persons and property. We need to take reasonable care to avoid causing unnecessary injury or harm. In certain special relationships, like a doctor-patient relationship or an employer-employee relationship, this duty is particularly robust.
As a simple example, we owe a duty to other drivers on the road to drive at a reasonable speed and conduct ourselves in a safe manner.
Breach of Duty
A breach of duty occurs when a person, through action or omission, neglects to follow a reasonable duty of care. In other words, they violate the laws, norms, or customs we would expect in a safe society.
As a simple example, you might breach your duty on the road by speeding or recklessly weaving between lanes.
Harm
There are several types of damages you can show (and collect) in a wrongful death claim.
These are some of the most notable examples:
- Medical expenses. You may be able to recover medical expenses associated with the decedent. In other words, you can be reimbursed for any medical expenses they incurred before they died.
- Funeral and burial expenses. You may also be able to recover funeral and burial expenses.
- Lost income. If you depended on the person for income, you’re also in a position to recover for lost income. How much you can recover will be limited based on how much money they made.
- Lost benefits. If you were a dependent for benefits, you may recover damages associated with those benefits as well.
- Loss of consortium. The law also allows people to recover for loss of consortium, which is essentially loss of companionship. Losing a spouse or a parent is emotionally devastating, but it also imposes a practical burden, which we attempt to quantify in the form of consortium damages.
- Pain and suffering. In some cases, you may also be able to recover on pain and suffering. This attempts to quantify the subjective pain and suffering that the decedent endured during and shortly after the accident.
- Punitive damages. In rare cases, you may also be awarded damages that are primarily intended to punish the person responsible for the wrongful death. These are known as punitive damages.
Causation
Finally, you’ll need to show causation. In most jurisdictions, you’ll be responsible for showing both actual cause and proximate cause.
- Actual cause. First, you’ll need to show that the breach of duty was an actual cause of the wrongful death. This is often determined by running the “but-for” test. In other words, the wrongful death would not have occurred, but for the breach of duty. If you can show that the death would not have occurred if it wasn’t for the negligent action, you’ll be in a prime position to win on your claim.
- Proximate cause. Second, you must show that the breach of duty was also the proximate cause of the harm. Showing proximate cause is much more complicated, and varies by jurisdiction. However, you can usually show proximate cause by showing that the harm was reasonably foreseeable and demonstrating that there were no intervening or superseding causes.
Not every wrongful death claim is a winner, and even if you succeed in your wrongful death claim, you may not be awarded all the damages you seek. Still, with the help of a good wrongful death lawyer, you’ll be in a prime position to win the compensation you deserve.
