What Are the Elements of a Wrongful Death Claim?

In the aftermath of a fatal accident where you lost a loved one, every death seems wrongful and untimely. For that reason, it’s imperative to seek out reliable legal counsel from a trusted lawyer. The right attorney can sift through the facts and circumstances surrounding your loved one’s fatal accident to determine if the elements of a wrongful death claim are present.

If so, your attorney can assist you with filing a wrongful death lawsuit.

In general, a wrongful death attorney will work on a contingency fee basis, which means that they won’t require any payment upfront to represent you. They’ll only receive money if you win your case. That said, an attorney working with you on a contingency fee basis isn’t likely to recommend pursuing a claim unless they’re fairly confident that it will be successful.

Here at Kermani LLP, our team has over a decade of experience representing clients facing situations similar to yours, and we’re confident we can provide you with legal advice you can rely on. Learn more about what it takes to prove and win a wrongful death case and how our team can help you pursue justice below.

What is a Wrongful Death Claim?

A wrongful death claim arises when a fatal accident occurs and the loved ones of the victim pursue a compensation claim. The loved ones can pursue this legal claim against parties who were negligent and caused the fatal incident.

Proving wrongful death claims is extremely challenging. The burden of proof will rest on the shoulders of the party pursuing the claim.

Some of the most common causes of wrongful death accidents include:

• car accidents;
• medical malpractice;
• defective products;
• accidents that occur at work;
• intentional acts of violence.

In general, the loved ones of the victim seek out a claim for damages that reimburse them for costs associated with the burial, a loss of financial support, emotional distress, and potentially more depending on the situation.

Key Elements of a Wrongful Death Claim

To pursue a successful legal claim, your case must have specific key wrongful death elements. Without these elements, you won’t be able to get compensation. These key wrongful death elements are:

• The other party had a legal duty to care for your loved one.
• The other party failed to uphold their duty of care.
• This breach of duty of care led to your loved one’s fatal accident.
• The fatal accident led to specific losses.

A Legal Duty of Care

Determining how to prove wrongful death starts by identifying whether a legal duty of care existed. Negligence is only present where a legal duty of care exists under the law. The party who pays in a wrongful death suit is the one who is identified as the negligent party.

A legal duty of care can be established automatically or under specific circumstances as dictated by law. For instance, every motorist who gets behind the wheel of a car automatically assumes a legal duty of care towards everyone else on the road. Product manufacturers have a legal duty of care towards consumers who utilize their products as they’re intended to be used. Property and business owners have a legal duty of care towards guests and customers that they invite onto their premises. Doctors and healthcare providers have a legal duty to provide a reasonable standard of care for their patients.

A Failure to Uphold a Reasonable Duty of Care

Another one of the foundational elements of a wrongful death case is a failure to uphold a reasonable duty of care by the party who owed the duty of care. This failure could come in the form of recklessness, a disregard for your loved one’s safety, unintentional distractions, or other behaviors that fall outside of the reasonable level of care expected by the responsible party.

The Breach of Duty Directly Caused the Accident

Next, you must prove that the other party’s failure to uphold a reasonable standard of care is what directly caused the fatal accident. Proving causation in wrongful death cases usually requires significant evidence that directly links the responsible party’s behaviors to the accident and fatal injury.

A Fatal Injury and Specific Losses

Finally, you’ll need to prove that the accident directly caused your loved one’s fatal injury and that the loss led to specific damages on your part. Damages could come in the form of burial costs, a loss of financial support, and other expenses.

Steps to Take to Prove a Wrongful Death Case

Do you think the elements of wrongful death are present in your loved one’s fatal accident? If so, your next step is to determine who can file a wrongful death suit in your state and whether you qualify as one of those parties. If you do, it’s advisable to contact an attorney to discuss your next steps. Below, we’ll provide a broad overview of what you’ll need to do to prove your case.

Gathering Strong Evidence and Documentation

The burden of proof in civil cases rests on the shoulders of the person seeking the claim. In other words, you’ll need to determine how to prove wrongful death damages before you file your claim in order to get a reasonable settlement. Otherwise, the other party is unlikely to offer you what you deserve.

To determine the extent of your damages, start gathering up as much evidence and documentation as possible that proves what happened and what you lost. This could come in the form of accident reports, police reports, medical bills prior to your loved one’s passing, receipts that outline burial expenses, and hard evidence like photographs or video footage that shows what happened during the incident.

Using Medical Records and Expert Testimonies

You’ll want to use medical records and potentially expert testimonies to clearly demonstrate that your loved one’s fatality was caused by the accident. Expert medical witnesses can explain to a judge or jury how the accident could’ve led to the fatality.

How Witness Statements Can Strengthen Your Case

Eyewitness testimony can be used as a form of proof that demonstrates what happened and who caused the fatal accident. Witness statements can also potentially strengthen your case by revealing key details or elements that corroborate your claims.

Common Challenges in Proving Wrongful Death Claims

Proving negligence in wrongful death claims is challenging, especially when the situation involves experts, like medical professionals or product manufacturers. Unfortunately, it can be very difficult to establish a reasonable standard of care in these types of cases, yet it will be necessary in order to prove that the other party was responsible for your loved one’s fatal injury.

Another challenge you will face is identifying and proving the extent of your losses. Amidst your grief, it can feel insurmountable to consider just how financially damaging the loss of your loved one will be in the long term, especially if they were the breadwinner for your family. In these situations, it might be best to rely on an attorney who can help you fully consider the value of your losses.

One of the most painful aspects of pursuing this type of claim is that it can compound your pain during an already emotionally distressing time. This is especially true if the other party hires a lawyer or has a strong legal advocate who disputes or challenges your claims.

Working with a Wrongful Death Attorney

Wrongful death attorneys with the right experience and skills understand how to navigate these common challenges and relentlessly pursue justice. Here at Kermani LLP, our team has been representing clients like you since 2011, and we're prepared to advocate for you, too.

Compensation in Wrongful Death Cases

No wrongful death lawsuit payout will ever be able to fully reimburse you for the irreplaceable life of your loved one. That said, you still want to make sure that the compensation you receive fully reimburses you for the financial losses you endured as a result of that loss.

Damages in wrongful death lawsuits should completely restore you to the position you would’ve been in prior to the loss. Wrongful death settlements are negotiable, so you’ll want to make sure you have a strong legal representative who can maximize that settlement amount.

Reach Out to Our Team at Kermani LLP Now

A wrongful death situation is always distressing, so you don’t need to compound your grief by hiring an ineffective attorney. Here at Kermani LLP, our team of legal experts understands and empathizes with the tragic situation you’re facing, and we want to be your best advocate in your pursuit of justice.

If you believe your loved one’s situation has all the elements of a wrongful death claim, we want to hear from you. Schedule a free case evaluation by leaving your contact details on our online form.