Losing a loved one is always heartbreaking, but death due to someone else’s carelessness or willful neglect is especially tragic. Malpractice, accidents, defective products, and criminal acts result in emotional distress and damages that require monetary compensation.
The damages quantified in a wrongful death case might differ from a standard negligence or personal injury case, Nevertheless, the processes for both types of claims are generally the same. Because these cases tend to be complex, consulting a wrongful death attorney can help you recover the compensation you need while coping with the trauma and emotional distress.
Making a Case for Wrongful Death
While the cause of death might be clear-cut to you, a wrongful death determination requires evidence and a clear presentation of the facts. As the plaintiff, the burden falls on you to prove that the accused party was negligent in their actions. Also, for your case to have merit, it must satisfy four elements to show negligence on the defendant’s part.
Duty of Care
Duty of care means that the defendant had an obligation of care to the deceased person to prevent harm. The defendant was also obliged to refrain from engaging in actions that could hurt someone else. For example, a physician must prevent any danger or injury from occurring when prescribing medication or performing a procedure.
Breach of Duty
Once you prove that the liable party owed the decedent a duty of care, you must also show a violation or breach of duty. For example, a vehicle driver has a duty of care to drive safely out of consideration for other drivers on the road. Motor vehicle operators violate that duty when they exceed the speed limit or drive while intoxicated.
Causation
Causation involves showing that the defendant’s breach of duty was the proximate and direct cause of the death in question. In a reckless driving case, you must prove that the decedent would not have died if not for the defendant’s action while behind the wheel.
Damages
Damages refer to the irreparable and quantifiable harms resulting from the decedent’s death. You can claim damages for such things as lost income, emotional distress, or the loss of a caregiver for children or adult dependents.
A Cincinnati Wrongful Death Attorney Can Help
Satisfying these four elements gives you a better chance of making a solid wrongful death claim and collecting fair compensation. However, having a strong case may not be enough for you to win without representation from a skilled lawyer.
The experienced wrongful death attorneys at Clements, Taylor, Butkovich & Cohen LPA, Co., how difficult it is to lose someone due to negligence. While nothing can bring back your loved one, a member of our legal team can help you obtain fair compensation for your loss and gain some closure.