The injury of a loved one is something that may devastate a family. Medical treatment and financial strain may strain an already fragile moment.
When someone suffers damage to the body due to the careless action or inaction of another, the victim may recover financial compensation. What happens when the victim dies before this happens? A wrongful death case compares to a personal injury action with one big difference: The victim does not survive.
Negligence in wrongful death cases
A personal injury case revolves around the foundational finding that the person who caused the injury did so out of recklessness. Negligence is the fundamental cornerstone of a personal injury case and, likewise, a wrongful death action. The evidence presented must support the contention that the defendant:
- Was responsible for upholding a legal duty of care
- Did something to breach that duty of care
- Caused the incident that led to the victim’s injuries
Situations that may lead to wrongful death
Some of the most common wrongful death suits revolve around catastrophic injuries. Motor vehicle crashes with large trucks most often result in bodily damage that leads to death. Construction accidents involving heavy equipment, electric shock or a fall also tend to result in deadly injuries. However, any accident may cause another person fatal injuries.
In the wake of a loved one’s death, the family is often left dealing with the sudden loss and the financial burdens. Those dependent on the victim may bring a wrongful death action against the person responsible for the injuries that led to the death.