While money will never replace the life of a loved one lost due to the negligence or reckless actions of someone else, a wrongful death suit can minimize the financial consequences so you can begin rebuilding your lives. However, not every accidental death provides grounds for a personal injury claim, even if the liable party was negligent. To collect damages, your attorney will have to prove all of the elements below.

The 4 Elements of a Wrongful Death Claim

1. The Liable Party Had a Duty of Care

“Duty of care” is a legal term that means someone has a responsibility for the safety of someone else. For instance, drivers have a duty to follow all driving rules, and property owners are required to provide a safe environment for visitors and customers.

2. The Defendant Neglected Their Duty

To successfully collect damages, you must establish that the liable party’s negligence failed to fulfill their duty of care. This may mean collecting witness statements after an auto accident, or finding experts willing to testify about substandard medical treatment.

3. The Liable Party’s Negligence Caused Your Loved One’s Death

Even if they admit to negligence, insurance companies and defendants often dispute responsibility for a victim’s death. In many cases, the link between the responsible party’s negligence and your loved one’s death may be obvious. In others, it may require extensive investigative resources and legal expertise.

4. Actual Damages

No matter how emotionally painful your loss may be, you must have suffered monetary damages to file a wrongful death claim. In addition to medical expenses, you may be able to include burial costs and lost income in your claim, as well as compensation for the victim’s suffering and your own hardship.

If you’ve lost a family member because of someone else’s recklessness or malice, the attorneys at Morrow, Gordon & Byrd, Ltd. will provide the aggressive representation you need. With over 80 years of experience serving victims and their families throughout New Albany and Westerville, they’ve become one of central Ohio’s most respected law firms. Visit their website or call (740) 345-9611 to discuss your wrongful death claim.