What Do I Need To Prove Someone Else Is Responsible For My Loved One’s Death?

by Kevin Bancroft Author

When a loved one dies, the last thing you want to think about is whether someone else might have been  responsible. However,  if you believe that someone else’s negligence caused your loved one’s  death, you may be thinking of filing a wrongful death claim. But what do you need to prove in order to hold that person accountable?

When someone  is killed as a result of another person's negligence, the surviving family members may have a claim for wrongful death. Although the specifics of these claims vary by state, there are generally four elements that must be present in order for a claim to be successful: duty of care, breach of duty, causation, and damages.

  • Duty of care: Duty of care is the legal obligation to take reasonable care to avoid causing injury or loss to another person. This duty of care exists regardless of whether the relationship between the parties is one of family, friends, or strangers. For example, a driver has a duty of care to avoid causing an accident, a property owner has a duty of care to maintain their premises in a reasonably safe condition, and an employer has a duty of providing safety equipment to their  employees to safeguard them from  hazards.

  • Breach of duty: Breach of duty occurs when a person fails to take reasonable care and, as a result, causes injury or death to another person. For example, if a driver violates a traffic law and causes an accident, they have breached their duty of care. If an employer fails to provide or maintain proper safety equipment, it means they have  breached their  duty to their  employees.

  • Causation: Causation is the link between the breach of duty and the resulting injury or death. In order for causation to be established, it must be shown that the breach of duty was the cause of the death, and that the death would not have occurred but for the breach. For example, if the death was caused by a defective product, drunk driver, negligent doctor or nurse, negligent security guard, or a faulty building code, etc.

  • Damages: Damages are the losses suffered by the surviving family members as a result of the death. These may include economic damages such as loss of income and loss of future earnings, as well as non-economic damages such as loss of companionship and loss of support. 

Should You Hire A Wrongful Death Attorney?

If you have recently lost a loved one due to the negligence of another person or company, you may be wondering if you should hire a wrongful death attorney in Boston. While no amount of money can ever bring back your loved one, filing a wrongful death lawsuit can help to hold the responsible party accountable and may also help to prevent future tragedies.

When a death is caused by someone else’s  negligence, the surviving family members have to prove that the death was caused by that person’s negligence . This can be a difficult task, which is why it is often best to work with an experienced wrongful death attorney. An attorney can help to gather evidence and build a strong case to help prove that the death was caused by negligence.

If you have recently lost a loved one and believe that their death was caused by someone else’s  negligence, contact a wrongful death attorney in Boston today. An attorney can review your case and help you understand your legal options.

They can help you get compensation for the losses incurred as a result of the death, including funeral and burial expenses, lost income, and the loss of love and companionship. So, it is worth your time and effort to hire  an experienced wrongful death lawyer in Massachusetts.

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About Kevin Bancroft Advanced   Author

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Joined APSense since, August 20th, 2020, From Melbourne, Australia.

Created on Sep 21st 2022 01:04. Viewed 111 times.


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