What Elements Pertain to Wrongful Death Cases? | Malnar Injury Law | Personal Injury Lawyer in Colorado Springs

What Elements Pertain to Wrongful Death Cases?

by | Jun 5, 2017 | Blog

Survivors of the victim that suffered the wrongful death will bring forth a civil action by filing a wrongful death claim due to the misconduct or negligent acts of another. In cases of wrongful death, the distributes (family member of the deceased) are legally entitled to file a lawsuit that will seek to compensate them financially for their loss and damages. This claim was made in the efforts to monetarily compensate the distributes that depended on the victim for emotional, physical, or financial support.

When a death could have been avoided and prevented, but the acts of a person caused the loss of life, they can and will be held accountable by a wrongful death lawyer skilled in the knowledge of wrongful death. Even though the individual may not have purposely caused the death of the victim, only by having contributed to it, they will be legally liable for the accident. Everyone has a duty to exercise caution and care in all the activities they perform, especially when there are others around like when a person is driving, a surgeon is performing a surgery, an owner is walking their dog, a manufacturer is producing a product, and a cruise ship is hosting an event, just to name a few.

Simply filing a lawsuit because a loved one died is not enough proof to form the basis of a wrongful death case. A wrongful death cause must be composed of a few elements in order for it to be successful in the eyes of the law. If a wrongful death case is not properly brought forth and lacks the required elements, the case would not be successful and will most likely be dismissed. Finding the right personal injury lawyer for a wrongful case is vital.

Required Elements For a Wrongful Death Case To Initiate

If deliberate behaviors, reckless actions, or negligent acts resulting in a fatality, the survivors of the victim must compile the necessary elements in order to bring a wrongful death case to the attention of the state they are in. Elements in a wrongful death include:

  1. A duty of care was owed to the victim by the individual who caused their death
  2. The behavior or action of the individual violated that duty of care that they owed to the victim
  3. The proximate cause of the death was the wrongful actions that that individual took

For example, medical professionals owe a certain standard of care to all of their patients. When a medical professionals break this standard of care and provide their patients with sub-standard care, the patient can end up either injured or dead as a result. If a medical professional fails to diagnose a medical condition on time, which results in the failure to treat, they can be found responsible for that error.

Finding the Perfect Wrongful Death Lawyer for Your Case

Individuals planning on filing a wrongful death lawsuit need to the find the perfect lawyer for their case. The victim/s should research their lawyers beforehand and determine whether they are a good fit. Percy Martinez Law Firm in Miami has a team of skilled personal injury attorneys that can answer any questions during their free consultation that will allow their potential clients to establish whether they are a good fit or not.