The death of a loved one leaves a hole in your life that no amount of money can fill. However, if their life was lost due to the carelessness or malice of someone else, a wrongful death lawsuit can help relieve the financial stress of lost income and give you the resources to begin rebuilding your life. While not every accident qualifies as a wrongful death, the law is broad enough to encompass a variety of situations.

What Are the Elements of a Wrongful Death Lawsuit?

1. The Liable Party Had a Duty of Care

The law assumes that everyone has a duty to take reasonable steps to protect the safety of those around them. For instance, drivers are expected to follow all traffic laws, and manufacturers are required to ensure their products are safe to use before sending them to market. In many cases, proving that the liable party had a duty of care toward the victim is the simplest part.

2. The Liable Party Was Negligent

A successful wrongful death lawsuit depends on proving that the defendant violated their duty of care. This might mean proving another driver failed to follow the rules of the road or a business owner failed to maintain their property. Battery and other acts of intentional malice might also be considered a violation of a duty of care.

3. The Negligence Caused the Damages

In many cases, proving the defendant’s negligence caused the death of your loved one might be straightforward. For instance, if your family member died in a car accident caused by someone driving under the influence of drugs or alcohol, the driver will likely be held responsible. In other situations, like medical malpractice suits, establishing the link between negligence and your loved one’s death might be more difficult.

4. You’ve Experienced Damages

As difficult as putting a dollar amount on the life of a loved one is, a wrongful death lawsuit will have to enumerate the monetary losses you’ve experienced. This might include the pain and suffering the victim endured, their medical and burial expenses, their lost lifetime earnings, and your own loss of companionship.

Since 1986, the attorney at Schnurr Law Firm, P.C. has been standing up for the rights of accident victims throughout central and northern Iowa. If you’ve lost a loved one through someone else’s negligence, they’ll strive to hold the responsible parties accountable and ensure justice is done. To discuss your wrongful death lawsuit and schedule a consultation with the Fort Dodge lawyer, visit their website or call (515) 576-3911 today.