At Lowe Law Group, we’re well aware of how devastating it is to lose someone you love. You want to feel as though you can grieve in the aftermath of wrongful death, but you may encounter unforeseen expenses. In any case, you want to make sure you know how to hold someone accountable for the wrongful death and pursue the compensation you need.
Proving liability is similar to any personal injury case in that there are four main factors to consider. Each of these plays a role in holding a specific person accountable for the fatal damages. Below, we’ll detail the four factors and the difference in wrongful death cases compared with other personal injury lawsuits.
The Four Factors
Here are the four factors of proving liability, plus the addition of the wrongful death element:
- Duty of care: The duty of care comes into play in nearly any situation. For instance, property owners must keep their property free of dangers. Drivers must keep others’ safety in mind. They have a responsibility to provide care and protection to others.
- Breach of duty of care: When property owners, drivers, and others fail to keep people safe, they breach their duty of care. Essentially, a breach of duty of care is an indicator of negligence.
- Causation: You must show that the negligent action is the root cause of the accident or event that led to the fatal injuries.
- Damages: While most personal injury cases require you to show that the injury occurred because of negligent actions, wrongful death lawsuits require you to go a bit further into it. For instance, if a car crash causes injuries but a doctor’s oversight causes the fatal damages, you cannot file a wrongful death lawsuit against a negligent driver.
At Lowe Law Group, our wrongful death lawyers will work with you to help you understand your options. Even more, we’ll work to prove liability and negligence, giving you peace of mind as we navigate the claims-filing process.