The loss of a loved one is one of life’s most profound tragedies, made even more heartbreaking when it stems from someone else’s negligence. Wrongful death actions serve to hold the responsible parties accountable while seeking compensation for the affected families, helping them navigate their grief and restore a sense of stability. However, establishing negligence in these cases can be incredibly complex, with intricate legal standards and challenges in gathering the necessary evidence. This blog delves into the nuances of proving negligence in wrongful death claims and the potential hurdles that may arise along the way.
Understanding Wrongful Death Claims
A wrongful death claim is a personal injury claim that is filed by the surviving close relatives or by the representatives of the deceased against the defendant. The claim aims to obtain compensation for the loss of support and services and other relevant expenses. State laws regulate wrongful deaths, matters concerning the people who can file the lawsuit, and the kinds of compensation that are legally recoverable.
Elements of Negligence
The key elements of negligence include:
- Duty of Care: The defendant had the ‘legal responsibility to be reasonable and not endanger other people’s lives.
- Breach of Duty: The defendant was found to be negligent to the plaintiff’s harm in performing this duty, in the sense that the defendant did not exercise the level of care a reasonable person in the defendant’s position should have exercised given the circumstances of the case.
- Causation: The defendant breached the said duty, leading to the death of the patient.
- Damages: Consequently, the loss involved measurable losses like the cost of treating the deceased, burial expenses, and earnings lost due to the death.
Establishing Duty of Care
Identifying the Relationship
The first essential element of negligence that needs to be met after a car accident that leads to death is to show that the defendant had a duty of care towards the deceased. This duty can arise from various relationships, such as:
- Driver and Pedestrian: Under the law, a driver is responsible for steering the vehicle safely without jeopardizing the lives of the people on the streets.
- Doctor and Patient: Healthcare providers have a legal responsibility to their clients to offer quality and proper treatment to meet the intended goals.
- Employer and Employee: The law generally requires an employer to provide employees with adequate protection and safety at the workplace.
Legal Standards
Under legal expectations, the duty of care depends on prevailing circumstances within a given environment. For example, Fowler is accountable for actions that a reasonably prudent physician in the medical profession would perform. However, a property owner owes a duty of care for the safety of the property; thus, a property owner has to ensure that their property is safe to prevent visitors from being harmed.
Proving Breach of Duty
Evidence of Negligence
So, in an action of negligence, the plaintiff must bring evidence of negligent conduct on the defendant’s part about the duty of care invested in him. This evidence can include:
- Witness Testimony: From the statements of the witnesses who could have witnessed the defendant’s involvement in the crime.
- Expert Testimony: Testimony from any so-called expert who can demonstrate and speak to how the defendant wants to meet the profession’s standards.
- Documentation: Documents including medical reports, accident reports, and a maintenance log that failed to exercise a reasonable duty of care to protect the plaintiff from harm by the defendant.
Comparative and Contributory Negligence
Sometimes, the defendant may seek to rely on any contributory negligence by the deceased as a defense to the action. Some states allow the plaintiff to recover additional amounts, while others do not, depending on the impact of this aspect. Comparative negligence enables a reduction in damages in proportion to the deceased’s level of responsibility, while contributory negligence may preclude any award in the event the deceased had, in some measure, contributed to their demise.
Establishing Causation
Direct and Proximate Cause
Negligence entails that the death was caused by the defendant’s breach of duty of care, a raw fact. This involves two components:
- Direct Cause: The cause of death is the defendant’s actions, with no other events linked between the two situations.
- Proximate Cause: The death was one in a million, easily predictable from the actions of the defendant.
For instance, if a driver goes against the red light while driving, this makes the driver primarily and immediately liable for causing the death of a pedestrian.
Medical Evidence
Expert evidence is important when considering causation from what happened to the patient. Medical records and expert testimonies found in the autopsy report can further substantiate the defendant’s proven negligence, which led to death. This is especially true when the case to be meted out is based on an alleged act of medical negligence or any other related complications.
Proving Damages
Types of Damages
The first thing that the plaintiff has to prove is that the death had led to some measurable loss. These can include:
- Economic Damages: Doctor visits, burial fees, wages, and pension.
- Non-Economic Damages: Sorrow and anguish, loss of consortium, and mental cruelty.
Calculating Damages
Punitive awards in a wrongful death claim are generally more difficult to determine, especially when it comes to non-economic losses. In many situations, experts estimate the financial loss of the deceased with support from witnesses’ testimony. This can include future lost earnings, the cost of household services, and the pain and suffering that the survivor incurs.
Challenges in Proving Negligence
Lack of Evidence
The major problem in proving negligence often relates to the evidence.
This can be quite challenging, especially where the defendant has the discretion to produce concise information.
Statute of Limitations
Like every legal proceeding, claims for wrongful death have a statute of limitations, or a time limit within which they should be filed. In those cases, the right to compensation may expire if the claims have not been filed within the period.
Defenses
The defendants may raise diverse and complicated defenses to avoid liability. For example, the view that the deceased took some risk or that the incident was due to a novel event. Quality legal work and proof are necessary to penetrate these defenses.
Contact Us
If you have lost a loved one due to someone else’s negligence, it is essential to seek legal assistance. Our experienced attorneys are here to help you navigate the complexities of a wrongful death claim and ensure you receive the compensation you deserve. Contact us online or call our Glendale office at (844) 522-7752 to schedule your free consultation.