The sudden and dramatic loss of a loved one is an emotional event. This triggers the need to take care of the person’s final affairs, which can be costly and time-consuming. If the death of your loved one was due to someone else’s negligence, you may decide that you want to avenge their death.
One option for doing this is by filing a wrongful death claim. In order to do this, your loved one must have been a human. Additionally, their death must have been caused by the negligence or recklessness of someone else, and the death had to have caused damages.
4 elements
There are four elements that must be present before someone can bring a wrongful death lawsuit. These include:
- Duty
- Breach of duty
- Causation
- Damages
The defendant must have had a duty of reasonable care and their actions must have resulted in a breach of that duty. The breach of duty must have led to the decedent’s death, which is causation. The death must have caused harm, commonly financial damages, to the next of kin of the decedent. If all of these are present, the personal representative or the estate administrator of the decedent’s estate can make the claim.
In order for the wrongful death claim to be successful, there has to be a preponderance of the evidence, which means more than likely, that the defendant’s actions caused the decedent’s death. While this standard is lower than the standard in criminal cases, it’s likely best to seek the assistance of someone familiar with these matters. This can help to ensure that the case is handled properly and in a timely manner.