The legal system offers a way to seek justice when a loved one dies as a result of another’s negligence or wrongful act. This type of lawsuit depends on a number of critical factors that must be proven.
Loss of Human Life
A wrongful death suit is based on the fact that an individual has died. The loss of life, whether it was caused by medical malpractice, car accidents, or other tragic incidents, is fundamental.
Wrongful Act or Negligence
The plaintiff’s (surviving family members) must prove that the death of the victim was caused by negligence or wrongful acts committed by another party. It is necessary to prove that the defendant, or the party at fault, had a duty to care for the deceased but failed to fulfill that duty. This led to the fatal accident. To assign responsibility to the defendant, it is important to establish negligence.
Plaintiff Must be an Heir/Personal Representative
The plaintiff of a lawsuit for wrongful death must be the heir or personal representative of the estate. The legal representative who pursues the case will have the authority to act in behalf of the deceased. Close family members, such as parents, spouses, and children are usually eligible to be heirs.
Monetary Damages
A wrongful death suit is primarily intended to compensate the victim for any financial losses that were incurred due to the death. The plaintiff has to prove that they suffered financial damages. This can include medical costs related to the accident of the victim, funeral expenses, loss of support and other quantifiable losses.
Leading causes of Wrongful death Claims
Among the most common incidents that lead to wrongful death lawsuits are:
- Motor Vehicle accidents:Car crashes are the leading cause for wrongful death. The majority of fatal collisions occur as a result driver negligence. This includes distracted driving, driving drunk or high, speeding, fatigued driving, texting while driving, etc.
- Medical malpractice:Medical mistakes are considered to be the third most common cause of deathin the U.S. When a medical professional makes a serious mistake, patients can suffer severe injuries or even lose their life. Many wrongful deaths are caused by a doctor’s failure or misdiagnosis of an illness or condition, surgical errors or birth injuries, medication mistakes, etc.
- Workplace accidents:When the death of a worker is caused by someone other than their employer, they may be able pursue a lawsuit for wrongful death against that person. A wrongful death lawsuit can be filed against an employer only if the employer is found to have intentionally caused death or did not have workers’ compensation coverage.
- Defective Product:The manufacturer of a defective product or anyone else involved in the distribution chain may be held liable for a fatality caused by a defect product.
You may have legal options if you’ve recently lost someone close to you in an accident that could have been prevented. Speak to a Las Vegas attorney for wrongful death about your situation. You can hold the responsible party accountable.
The post Elements of a Wrongful Death Lawsuit first appeared on Harris & Harris Injury Lawyers.