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What are the 4 Elements of a Wrongful Death Lawsuit?

Posted on August 28, 2023 in

A wrongful death lawsuit is a claim against another party that they caused or were otherwise negligent and that led to the death of a person. You may be able to file a wrongful death lawsuit if you can show that this negligence occurred, and while it may seem very obvious to you who is to blame, the court requires more information.

At The Law Offices of Christopher Eads, we work with people who are seeking help for some incredibly heartbreaking situations. Let us help you navigate the four elements of a wrongful death lawsuit that play a role in your ability to obtain compensation.

The 4 Elements

The following are four elements that are considered in every wrongful death lawsuit. Our goal is to prove them.

#1: Duty of Care

Did the party have a duty of care to provide the deceased person with a safe outcome? For example, if a property owner welcomed customers to their property and someone suffered a fatal accident there, they had a duty to provide a safe environment.

#2: Breach of Duty

Did the defendant, in some way, breach that duty of care? That means that the person was negligent. If the business owner failed to create a safe environment, and that led to the death, they breached their duty.

#3: Causation

The third component is causation, which means that the breach of that duty caused the injuries to occur that led to the death. Just because a space was unsafe does not mean that that risk or hazard outright caused the loss to occur. In this situation, we need to prove that the breach of duty specifically led to the death.

#4: Damages

The final component is that the death of the individual caused verifiable financial loss. This may include end-of-life medical costs, funeral and burial costs, and loss of income for dependents. It could also include things like loss of guidance and survivor’s pain and suffering.

How to Prove Wrongful Death

Each of these components is necessary to prove the party is responsible for the wrongful death claim. Yet, it is not always easy to do this, especially when you are battling against highly skilled insurance companies who will do all they can to dispute those claims.

Keep in mind that you must also be eligible to file for such claims, which typically means you must be a close family member who suffered financial loss (or other forms of loss) due to the death.

Allow Our Wrongful Death Attorneys to Work with You

Our wrongful death attorney can help you navigate the four elements of a wrongful death claim. When you contact The Law Offices of Christopher Eads, you will receive exceptional legal support and guidance. We are here for you as you work to gather all of these details, including any evidence to support each component of these four leads.

Do not wait to get help. Call our office now to request a free consultation for any type of wrongful death matter impacting your family.