The loss of a loved one due to someone else’s actions is a devastating experience. While pursuing compensation won’t heal your sadness, it can help provide you and your family with some financial stability during a challenging time. Whether your claim is successful hinges on proving the legal element of negligence. Proving another party acted negligently will allow you to recover the compensation you need, and involves several elements.
Four Elements Necessary for Proving Negligence in a Wrongful Death Claim
Washington, D.C., code defines wrongful death as a death caused by the wrongful act, neglect, or default of another person or corporation. If a person would have had grounds to file a personal injury claim against an at-fault party had they survived their injuries, the administrator of their estate will likely have grounds to file a wrongful death claim.
Many wrongful death claims are based on negligence. These incidents typically involve car accidents, motorcycle accidents, slip-and-fall incidents, workplace accidents, dog attacks, and similar incidents. Proving that the careless actions of another party are the cause of your loved one’s death can be challenging. There are four elements of negligence you must prove to have a viable wrongful death claim. These elements include:
Establishing Duty of Care
Establishing a duty of care in a wrongful death claim involves proving that the defendant had a legal obligation to act with reasonable care towards the deceased. This duty arises from their relationship, conduct, or situation.
Breach of Duty
A breach of duty in a wrongful death claim occurs when the defendant fails to meet the established standard of reasonable conduct and care owed to the deceased. This breach constitutes negligence, showing that the defendant’s actions or omissions fell short of what a reasonable person would do, leading to the fatal outcome.
Causation
Proving the element of causation requires showing that the defendant’s breach of duty directly caused the deceased’s death. This element links the negligent actions to the fatal outcome, demonstrating that the death would not have occurred but for the defendant’s misconduct or failure to act responsibly.
Demonstrate Losses
Finally, you must prove that your loved one’s death resulted in quantifiable damages to their survivors. These losses can include financial support, companionship, emotional suffering, and funeral expenses. Proving the economic and non-economic impacts directly caused by the at-fault party’s negligence will support the compensation you’re seeking.
What Evidence Can Prove Negligence?
A wrongful death lawyer will need to gather and review a wide variety of evidence to prove negligence, including:
- Witness testimony, which may provide firsthand accounts of the incident
- Expert opinions, which can clarify technical aspects, such as in medical malpractice claims
- Accident reports and medical records, which offer detailed documentation of the events and injuries involved
- Photographs and videos, which visually depict the scene and circumstances leading to the death
- Communication records, like emails or messages, which might reveal crucial information about the defendant’s behavior or knowledge
Together, these pieces of evidence establish the duty of care, breach, causation, and resulting losses that are key to proving the at-fault party’s negligence.
Get Help from an Experienced Washington, D.C., Wrongful Death Lawyer
If someone you love died suddenly in an incident someone else caused, you may be eligible to pursue compensation for this devastating loss. The Washington, D.C., wrongful death lawyers at Simeone & Miller LLP understand the depth of your grief and trauma and will fight to prove the other party’s negligence and liability for your loved one’s death. Contact us today for a free, no-obligation consultation to discuss your situation with a compassionate attorney.
