In the legal world, wrongful death refers to preventable fatalities. When someone dies as the result of another party’s negligence, the surviving family members have the right to seek compensation for the damages they incur. Common causes of wrongful death include drunk driving accidents, medical malpractice, defective products, occupational hazards, nursing home abuse, and assault. If you lost a loved one to any of the above, a personal injury attorney from Sanders Austin & Flanigan will evaluate the circumstances to determine if your case involves the four elements that make up a successful wrongful death claim.

4 Elements of a Wrongful Death Claim Your Personal Injury Attorney Will Help Prove

1. Duty of Care

We live in a civilized society, which means people owe certain duties to one another. For example, doctors must provide care that is both reasonable and widely accepted in their field, and motorists must remain sober and alert whenever they are behind the wheel. In a valid wrongful death claim, you must prove the defendant owed the deceased some duty of care.

2. A Breach of Duty

Once you demonstrate a duty of care existed, a personal injury attorney will help you prove the liable party breached this duty in some way. The breach does not necessarily have to be willful or malicious, but it does have to involve negligence or recklessness on the part of the defendant. 

3. Direct Causation

The breach of duty must have ultimately caused the fatal accident. This may sound like an easy element to prove, but demonstrating a direct connection between the incident in question and the death is challenging in certain circumstances. For example, if your loved one died during a surgical procedure, you need to prove the care they received was directly responsible, which may be hard if other factors could have played a role.

4. Quantifiable Damages

Recoverable damages in wrongful death claims are similar to those of personal injury cases, with a few additions. They might include medical bills, lost income, lost benefits, pain and suffering, funeral expenses, and burial costs.

If you lost a loved one at the hands of someone else and want to file a wrongful death claim, turn to Sanders Austin & Flanigan in Princeton, WV. This family-operated firm is locally owned, but they are proud to serve clients throughout all of West Virginia. Visit their website to learn how a compassionate lawyer on their team can help your family, or call (304) 425-8125 to schedule a free initial consultation with a personal injury attorney today.