The passing of a loved one is often devastating, especially when such a tragedy happens unexpectedly. It may be hard to see beyond the grief and immediate day-to-day to really consider the benefits of initiating a wrongful death claim if someone was responsible. It can seem overwhelming to figure out where to start the legal process on your own. Contacting a wrongful death attorney will helpful in gathering all the necessary information in order to be able to prove that another person’s negligence caused the passing of a loved one. The following outlines important factors that will be vital in proving a wrongful death lawsuit.
Lord Campbell’s Act- Who Can File
In 1846, the British Parliament put Lord Campbell’s Act into place. Essentially the act states that only beneficiaries of the deceased can file for wrongful death. It is important to note that there are variations of this act depending on the state where you reside in terms of who is defined as a beneficiary. In most situations beneficiaries are:
- Spouse (Either married or domestic)
- Parents of person who passed away
Three Elements to Proving Wrongful Death
When it comes to a wrongful death claim, there are primarily three things that must be proven in order to have a successful claim: Duty of Care, Breach of Duty of Care and Causation.
1. Duty of Care
As a citizen, we all assume a duty of care, as a driver of a car, a property owner or an employer of a business; there is a certain level of responsibility that is taken. Duty of care is essentially an effort that is made to keep people around you safe. For example, as a property owner, it is your responsibility to keep your property safe from any hazards that could harm people on the property. In a wrongful death suit, your attorney will need to prove that the person who caused the accident had a duty to keep them safe.
2. Breach of Duty of Care
A breach is when a person fails to uphold their duty of care to others. Evidence to prove this breach is important. If a person was texting and driving or breaking the speed limit and caused a car accident as a result, they have breached their duty of care.
Causation ties these two together, showing that as a result of the breach in duty of care was an accident that caused the death of another. Proving that a person was negligent in their actions will be a key factor when it comes to proving wrongful death.
In some situations, seeking wrongful death can help you have closure or peace of mind that the person responsible has had to pay for the pain they have caused. Making sure that you have everything in place to prove wrongful death is an important element to a favorable wrongful death claim. Wrongful death attorneys such as the wrongful death lawyer Orlando, Fl locals turn to can be instrumental in helping to manage the legal process so that you don’t have to .
Thanks to authors at Needle Ellenberg P.A. for their insight into Wrongful Death.