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Elements to Prove a Wrongful Death Blog
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Elements to Prove a Wrongful Death

Wrongful death claims allow people who are close to a deceased person, as well as their estate if they have died without an estate, the opportunity to file suit against someone who is legally liable for that death. This may be due to negligence or some intentional act. No matter what the cause of action was, these lawsuits can help those left behind after this tragic event by providing them with compensation and closure so they no longer need worry about how long it will take before justice has been served in their case. But there are some things that needs to be proven for eligibility, and here are some of them:

  • Wrongful death lawsuits can be incredibly complex, and understanding how duty of care constitutes to a certain wrongful death claim is crucial in determining the success or failure of your case. The first thing you need to establish if you are suing someone for wrongful death or personal injury is whether they had a legal obligation to provide certain safety precautions under their duty-of-care clause. 

    This criteria is highly need especially when the incident or negligence happened in a medical care settings where it led to fatalities. Confirming patient to doctor relationship is one of the most important proof in order for a wrongful death claim to be eligible. 

  • Essentially, one party is held liable when they have breached their established duty to care by acting negligently or intentionally towards another individual in a way that causes harm. When discussing medical malpractice cases involving death as a result of negligent action on behalf of an expert witness can be used to testify about how this type injury occurred during treatment where there was no intention behind it (i.e., from surgical error). This particular issue is not only given great weight so much around healthcare but as well in other field.

  • Wrongful death cases are a complicated and expensive undertaking. The damages that the victim has suffered or could suffer in their future must be calculated, which includes funeral expenses, medical bills for hospital care before they died and any ongoing treatment after they passed away as well as lost wages. Other losses include litigation costs to defend this suit against you if it wasn’t your fault so there is no settlement amount owed by either party when all those factors have been taken into account (not just one). 

Statistics

  • In terms of mortality, all unintentional wrongful death count is situated at 173,040 and is ranking at 3rd for common causes of death.
  • Approximately 195,000 patients are involved in fatal preventable mistakes in hospitals each year.
  • Involvement of victims in unintentional falls has reached 39,433 fatalities in 2019.
  • In motor vehicular accidents, 37,595 deaths are recorded every year. 
  • Poisoning has recorded notable numbers and deemed as having the highest counts in terms of deaths as  65,773 has occurred in 2019.

The idea of wrongful death is often a complex and devastating reality for many families. If your family member has died as the result of negligence from someone’s responsibility, it can be unsettling to know where you should turn next or what steps are necessary in filing such an important claim. Thankfully, there are injury lawyers out there who specialize in these types cases that will aid with all aspects including gathering evidence and holding those accountable responsible through the process until justice is served on both sides-not just one side like most other legal proceedings would dictate.

Ryan LLP is an Ohio-based injury lawyer who exercises their expertise in wrongful death and injury claims. Call our office now for free legal consultation. 

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