Do I Have a Wrongful Death Case?
- Posted on: Nov 15 2018
Do you believe that a loved one has died due to another person’s actions or negligence? If so, you may have a wrongful death case. However, before you file a wrongful death lawsuit, you’ll want to make certain that you have a strong case. Talking to an attorney who specializes in these cases is necessary before you go to court, but before you do that, it’s a good idea to know if you even have a case. Here are some of the basic points you’ll need to have covered in order to have a successful wrongful death case.
Can You Establish a Duty of Care?
The first step in determining if someone’s death was a wrongful death or not is to determine if there was a duty of care. Did the defendant have a legal obligation to be responsible and act in a reasonable manner? A business owner, for example, has a duty of care to operate a safe workplace. A driver has a duty of care to obey all traffic laws and be sober when driving.
Did the Defendant Breach that Duty?
Next, you have to be able to show that the defendant clearly breached their duty of care. This means that they were negligent or did something that led to the death of your loved one. If a business owner doesn’t keep equipment maintained properly and someone dies because of that, they very obviously breached the duty of care. Unfortunately, it’s not always easy to prove this. Showing that someone was negligent is one of the most difficult parts of a wrongful death case.
Can You Show Your Suffering?
Finally, even if you do have a wrongful death case, you may not receive any compensation if you cannot show that you suffered losses or incurred expenses from the death of your loved one. If your loved one was the only person working in your family, you can obviously show a loss. In other cases, it can be more difficult to show how you were financially impacted by the wrongful death.
Fortunately, you don’t have to navigate the court process on your own. If you believe you have a wrongful death case, contact Held & Hines LLP. Our legal experts will look over your case and assist you with taking the next step.