A family that has had a loved one die must deal with the strong sense of grief. If that loved family member was killed in an accident, the relatives of the deceased might feel ready to file a wrongful death claim. Yet those same relatives should know that it is not easy to prove a wrongful death claim.
The first element required, in order to prove such a claim
Show that the death occurred during the course of an identifiable incident. The family does not have to have seen that incident, but it must be able to produce evidence that makes it clear what sort of incident transpired, before the deceased left this world.
If the family’s loved one died in a motor vehicle accident, the relatives could offer the police report. If an elderly loved one had died as the result of nursing home abuse, there might be bruises or scratches on the deceased’s body. The position of that same body might also suggest abusive behavior by a staff member.
The second element needed
Evidence of negligence on the part of someone that had some type of duty of care towards the person that died as the result of an accident. For instance, a manufacturing company could be charged with negligence, if one of its products was defective, and that defect caused the untimely death of the grieving family.
Similarly, a doctor’s negligence would be apparent, if a patient were prescribed the improper dose of a given medication, one that proved fatal. If a nurse in a hospital gave a patient too many pills, then that hospital could be charged with negligence.In both of those examples, the neglectful act has caused the untimely death of a family’s loved one. That cause and effect relationship must be part of every second element.
The final element necessary for proving a wrongful death claim
If a homeless person with no known family gets attacked violently and dies, no one has reason to speak with an Injury Lawyer in Cambridge. No one can file a claim, because no living person has suffered losses or damages. No one had enjoyed the companionship of the person that has been killed. No one had relied on an income earned by that same person.
In other words, the 3rd element includes details on the result of the untimely death. That result should be a loss by family members, or the creation of damages. If the untimely passing of the deceased did not cause losses and damages, the family has no basis for filing a wrongful death lawsuit. In other words, those grieving relatives lack the grounds that could form the basis for a wrongful death claim.