What Counts as a Wrongful Death Case?

Dealing with the loss of a loved one is never easy, but the pain can be compounded when their life is taken due to someone else's actions. Here are the key factors to determine whether you should hire a wrongful death lawyer to get justice and compensation for your loss.

Understanding Negligence:

To comprehend what wrongful death is, we must first establish the concept of negligence. While this is a 1L concept review for attorneys reading this article, it’s worth reiterating that negligence occurs when someone fails to exercise a reasonable level of care, resulting in harm to another person or damage to property. It is at the core of personal injury law, including wrongful death cases.

Proving Negligence:

To qualify as a potential negligence case, four key aspects need to be demonstrated in court:

1. Duty: The defendant owed a legal duty to the plaintiff under the circumstances.
2. Breach: The defendant's actions or lack of actions breached that duty.
3. Causation: The defendant's actions directly or indirectly led to the injury or damage.
4. Damages: The plaintiff suffered harm or injury as a result of the defendant's actions.

?Signs You May Need a Wrongful Death Lawyer:

• The Deceased Was a Homicide Victim: Homicide can be considered a form of wrongful death, and you may be able to bring a civil suit regardless of the criminal trial outcome.
• There Was a Vehicular Accident: Car, truck, or motorcycle accidents are common scenarios leading to wrongful death cases when negligence is involved. Several parties may be found negligent and named as defendants in these situations.
• Your Loved One Died While Under a Doctor's Care: Medical malpractice is another common form of negligence. Proving negligence in medical malpractice cases can be challenging, but they often focused discovery and evaluation of surgical errors, medication mistakes, or misdiagnosis.
• A Workplace Accident Occurred: If your loved one died on the job, you may need to prove negligence on the part of the company, supervisor, or other entities involved.
• Other Types of Negligence: Wrongful death can result from various situations, involving landlords, businesses, schools, service providers, and even government agencies.

If you suspect negligence played a role in your loved one's death, it's crucial to speak with a wrongful death lawyer. Schedule a consultation to discuss your case, ask questions, and explore your legal options. Farris, Riley & Pitt's injury attorneys offer complimentary consultations, so you have nothing to lose when you discuss your case with our legal team.

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