Wrongful Death Elements

Satisfactory Essays
The 4 Elements Of A Wrongful Death Lawsuit

Wringful death is the term used when some one has died through the negligence or wrecklesness by someone or entities. The parties that normally get invloved in wrongful death claims are people whoc are closely related to the individual such as families or spouses.

The 4 main Elements


•To prove negiligence the surviving parties need to prove that the death of their loved ones was caused by recklesness, carelesness or negligent action of the defending party.

Breach of Duty

•This is more complicated because the plaintiff must prove that the defendant neglected their duty which caused the death of the deceased. This will be in cases such as hospitals where the doctors and nurses have a
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It will take into consideration expenses such as hospital fees, medical expenses, funeral and buriel costs. Often the deceased would have contributed towards the family financially therefore damages need to consider loss of income, inheritance, loss of protection and suffering prior to the deceases death.

To prove all these above it requires strong, solid eveidence with expert witness testimony and a skilled attorney which specializes in wringful death cases.

Common causes of Wrongful Death

The common causes of wrongful death are generally when some one is in another ones care or where a person is with somone who has control of the procedures.

One of the most common causes is accidents which involve vehicles and motorcycles. In this situation if the defendant was deemed to be negligent or reckless there is a case for wrongul death.

The next common cause is often in medical mulpractice where the survivors believe that the actions taken by the Doctor and nurses was negligent which caused the death of the loved one.

Other common causes are

•Injuries that happen at birth.
•If a defective product caused the death of the
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