When a person dies because of the misconduct or negligence of another, their family members may file a wrongful death lawsuit. These lawsuits seek compensation for the survivors’ losses, such as funeral costs and lost wages.
A wrongful death case typically has four elements that must be proven in court: duty of care, breach of the duty, causation and damages. This article discusses each of these elements and how they relate to negligent death.
Duty of care
A person owes another a duty of care, which is the obligation to behave in a way that will not put other people at risk. This applies to anyone who has a relationship with someone else, such as drivers, doctors, restaurants, shop owners, and manufacturers.
A defendant who breaches a duty of care can be found liable for negligent death. Usually, the claimant must prove that there was a duty of care and that the defendant breached it.
The court will then check the defendant’s actions against what a reasonable person would do under similar circumstances. This is called the “reasonable person standard.”
Causation
Before you can win a negligent death case, you must be able to prove that your loved one’s fatal injury was caused by the defendant’s negligence. This is known as causation, and it’s one of the most complex aspects of a wrongful death claim.
Proving that your loved one was injured by a defendant’s negligent actions requires proving three things: duty of care, causation and damages. The first two are fairly straightforward, but proving causation can be a challenge.
This is because there are two types of causation, and each requires a different amount of proof: cause in fact and proximate. Cause in fact is the most complicated to show, but it’s also the most important to show. It involves showing that your loved one’s death was the result of a specific, well-known event, such as an accident or medical error.
Damages
The damages caused by a negligent death can range from the economic losses that arise due to the loss of income and services, to compensation for the family members who lost companionship, guidance or affection. In some cases, damages can also include punitive damages.
To be able to collect these damages, you must prove that there was a duty of care, that the defendant breached this duty and that your loved one died as a result of this negligence.
Proximate causation is the most commonly used method for determining whether an injury could have been prevented by a different action. This is especially true in car accidents where there might have been a driver who was speeding and would have caused an accident if the vehicle was slow enough to avoid it.
Actual causation is more complicated and requires that the defendant’s actions had a direct influence on your loved one’s death. In some cases, this may be difficult to prove.
Time limit
The time limit to file a negligent death case is determined by the statute of limitations for the state in which you live. Most states have a two-year deadline.
However, there is an exception to this rule called the discovery rule. This rule allows you to bring a claim outside of the normal statute of limitations if you didn’t know the cause of your loved one’s death until after it happened.
If your family member dies due to the negligence of someone else, it’s important to contact an attorney as soon as possible. Your wrongful death lawyer will be able to help you determine the applicable statute of limitations for your case.
When your family loses a loved one to negligent actions, it’s a devastating loss that can leave you with many questions. The experienced wrongful death lawyers at Kisling, Nestico & Redick can help you find the answers you need. Call us today to get started.
