Author: Kweku Darfoor

 

The most serious type of personal injury claim is wrongful death. In most cases, wrongful death claims are brought by the decedent’s surviving family members in an effort to recover damages for losses sustained as a result of the decedent’s passing. These claims typically emerge when one person’s negligence or willful actions result in the death of another. These claims are particularly frequent in cases of medical negligence, but they can also occur in a variety of other circumstances, such as when someone dies as a result of a car accident, a dangerous product, or nursing facility maltreatment.

Below are some elements of a typical wrongful death claim.

Elements of a Wrongful Death Claim

Most wrongful death lawsuits, though not all of them, are founded on the idea that the decedent’s death was brought about by negligence rather than malicious behavior. The plaintiff must establish each of the four elements of a typical negligence cause of action, which are listed below, in order to succeed in a wrongful death action based on negligence.

Duty

Each of us has a moral obligation to treat another person in a certain way and that is our duty as individuals. For instance, drivers have a responsibility to respect traffic laws and avoid endangering other road users, just as doctors have a responsibility to treat their patients in a medically appropriate manner.

 

Breach

When someone behaves in a way that is not in accordance with the law, this is considered a breach of duty. If a doctor had exercised reasonable care, they would not have prescribed a drug to which the patient was allergic, for instance, the plaintiff in a medical malpractice action can demonstrate a breach of duty by presenting evidence to support their claim. In a car accident lawsuit, the plaintiff might demonstrate that the at-fault driver violated their duty of care by presenting proof that they were traveling 20 mph over the speed limit, which is considered a traffic infraction.

Causation

When the plaintiff would not have experienced harm but for the defendant’s duty violation, there has been causation. In the abovementioned car accident example, the plaintiff could prove causation by presenting proof that, had the other motorist been following the speed limit at the time of the collision, they would not have sustained injuries.

Damages

When the plaintiff has incurred harm that can be fixed through financial recompense, damages exist. The plaintiff in the abovementioned car accident could demonstrate damages by submitting medical costs incurred as a result of treating his or her injuries. This element is quite simple to prove.

Prevailing in a Wrongful Death Claim

Therefore, in order for a plaintiff to win a wrongful death claim, they should be able to prove that:

1. That the defendant owed a duty to the decedent to refrain from causing the type of harm the decedent suffered
2. That the defendant breached this duty by acting carelessly, recklessly, or otherwise failing to exercise the duty of care owed to the decedent by law
3. That the defendant’s actions really caused the decedent’s death, and
4. That the decedent and the decedent’s survivors have suffered losses as a result of the death (e.g., pain and suffering, loss of consortium, loss of earnings and future earnings, etc.).

Negligence often results in unfortunate circumstances. As we go on with our daily lives, we all have the responsibility to think not only for ourselves but for others’ safety as well. But accidents happen because of several factors and can sometimes cause a life. When a loved one or someone dear to you becomes a victim of a wrongful death, you have the right to seek justice and bring action against the person or entity responsible for their untimely end.

 

There are many different situations that result in wrongful death, some of these situations include:

1. A motor vehicle accident
2. A premises liability accident
3. An on-the-job accident
4. Nursing home abuse
5. Medical malpractice
6. Criminal activity, such as homicide, assault, battery, etc.

 

Filing a lawsuit is sometimes intimidating and discouraging. You will need to have a certain kind of motivation to push through. Winning a wrongful death lawsuit is achievable with the right kind of help from lawyers. Another important key to winning is to present clear and solid evidence to the court of all four of the following:

 

1. That your loved one was a human being who died
2. That he died because of the defendant’s negligence or intent to cause your loved one harm
3. That your loved one’s death caused you to suffer enumerated economic and noneconomic damages
4. That your loved one’s estate has an appointed personal representative

 

If you prevail in your wrongful death claim, the jury will compensate you for both economic and noneconomic losses. Your economic damages are the costs for which you have receipts, such as the ambulance and hospital bills for your departed loved one and the funeral costs you paid.

However, upon figuring out the totality of non-economic damages, the jury will have to make an educated guess as to how much these so-called damages will cost. Non-economic damages include things like the loss of a loved one’s love, companionship, support, etc. They are intangible. They also include additional non-economic losses you will endure over the ensuing years, such as losing your loved one’s ability to make money throughout his or her career.

If you have lost a loved one due to another person or a corporation’s negligence, contact the attorneys at Darfoor Law Firm at 1-833-DARFOOR for a free case evaluation.

Before leaving the accident scene, one must take photographs, trade protection data, and obtain names and telephone numbers. If you did that, then in that case you are off to a good start; however, you will still require a number of additional pieces of evidence in order to obtain total compensation for your losses.

This is where the car accident lawyer comes in. You will need to collaborate with an attorney who has extensive experience representing car accident victims and their families in order to calculate these losses.

Car accident lawyers will immediately begin an investigation and collect any additional evidence that may be available. Your attorney will be able to safeguard your legal rights and construct a claim on your behalf if they gather this evidence prior to its disappearance.

Not only could you file a claim even if you were at fault, but you could also file multiple claims for compensation based on other people’s fault. Florida is a comparative negligence state which means that if a plaintiff is partially at fault for an accident in which they suffer har, that person’s recovery of damages will be reduced. Your attorney will be able to identify all responsible parties and pursue all available damages claims following the initial investigation.

Car accident lawyers are able to investigate your policies and respond to your inquiries regarding how they can assist in covering damages. They offer guidance on the best course of action to swiftly resolve your case, lending their expertise.

This is not something you can do on your own when it comes to determining how much you are entitled to recover. Additionally, you cannot rely on insurance companies to estimate your losses’ total value. You will need an experienced attorney if you want to get the fair compensation you deserve.

Myth 1: Ignoring injuries because they seem minor.

Some people leave the crash and think that they can escape all injury since they haven’t felt any pain.

Almost all of us associate car accident injuries with severe car crashes. These major damages are mostly cars bursting on fire, flipping over, and broken windshields. A minor crash won’t hurt at all. But, always remember, the car damage doesn’t resemble your injuries. You should keep in mind that some injuries may take a few days or weeks to show. Go to the nearest hospital and have yourself checked out.

 

Myth 2: No information must be exchanged if the accident is just a minor one.

 “It’s just a minor damage”

“No need for that, just let this one slip out”

“Forget it, no one’s hurt and we’re safe anyways”

We all want no drama, and we just want to have a calm conversation, especially in a scenario like this. However, you need to follow the usual protocol. Even if the accident was minor, failing to pull over and report it could land you in a lot of legal trouble. You never know what the other driver is thinking, and if they decide to report it, a police investigation will be underway, and you’ll probably be taking the brunt of the blame.

All accidents, no matter how big or small, need to be handled in the same way.

You must immediately pull over to check for injuries. Keep track of the date, time, and location.

Make sure the other driver is okay before getting out. Start exchanging details without taking responsibility or admitting fault.

 

Myth 3: There is no need to report the incident to the police if it’s a minor car crash.

 You could face legal consequences if you fail to file a police report. Regardless of whether the accident resulted in minor damage or no injuries, the driver is required by law to stop at the scene. The act of fleeing the scene can result in misdemeanor charges. Especially if there are injuries, a lot of damage to either car, or you think the other driver is under the influence of alcohol or drugs, call the police.

Completely tell the police what happened, but don’t say anything about who was to blame or admit fault.

Make sure witnesses talk to the police or get their contact information.

Don’t try to follow the driver if they get away from the scene. Instead, learn the plate number and other important information. Photograph the scene and inquire about the witnesses’ contact information if you have a phone with you. In the event of a car accident, talk to the driver about the details of the vehicle and their insurance. After the accident, notify the insurance company and see a doctor.

 

 Myth 4: Don’t get a lawyer; it’s too expensive and not worth it

Working with lawyers maybe isn’t cheap. This is a problem because it frequently leads people to believe that lawyers aren’t worth the money. However, this is entirely contingent on the scenario’s outcome and the protection you will receive in the interim. Let’s say that you need to go to court because of this car accident. It’s possible that you’ve been blamed in some way. It’s possible that you want to be compensated.  You need assistance and help you represent yourself in the courtroom.

It’s always worth consulting a lawyer in these situations. It is in your best interest to seek advice even if you are unsure whether a case should proceed to court. This is especially true if the accident has caused you minor or major injuries. It is unfair that you are responsible for your injuries if the accident was not your fault. Compensation should be sought after a personal injury is taken seriously.