After the tragic loss of a loved one as the result of another person or entity's action, you can file a wrongful death claim. Even though the circumstances surrounding your loved one's death might seem cut and dry, you still have to present a solid case as to why the person or entity is responsible for the death. To prove liability, you need to prove the following elements.
Legal and Moral Obligation
Part of a wrongful death case is proving that a person or entity had a legal and moral obligation to keep your loved one safe. For instance, if your loved one died as the result of a workplace accident that involved exposure to toxic chemicals, you could argue that the employer had an obligation to ensure that the work environment was safe. The employer had the responsibility to provide safety equipment and ensure that the exposure of employees to the chemicals was minimal.
Failure to Fulfill Obligation
In a wrongful death case, you also have to prove that the person or entity responsible for your loved one's death failed to fulfill his or her legal and moral obligation. Using the previous example, if the employer failed to provide safety equipment that was needed by employees while working with the toxic chemicals, you could argue that the company failed to meet its obligation to care for employee.
Once you can prove the failure of the employer to provide the necessary equipment, you have to show that this action was directly linked to the death of your loved one. For this part, your attorney could rely on industry safety experts to provide testimony on what is considered to be standard safety procedures when working with toxic chemicals.
Damages Suffered
The last component of your case is proving that you and your loved one suffered damages as the result of the employer's failure to provide a safe working environment. Medical experts can be used to provide testimony about how the chemicals were directly related to your loved one's death. You could also argue that you are entitled to other damages, such as loss of income, loss of companionship, and pain and suffering, if they apply.
Before taking any actions or discussing a settlement with the person or entity responsible for your loved one's death, talk to an attorney who is experienced in wrongful death claims. He or she can help you build your case and ensure that you get a fair settlement. Attorneys such as Master Weinstein Shatz Moyer, P.C. may be able to help.
Share22 July 2015
When I was injured in a slip and fall accident a few years ago, my family and friends had a hard time relating to the things I was going through. While some people thought that my decision to file a lawsuit was frivolous, others were under the impression that I would walk away as a millionaire. Their lack of personal experience with this type of legal problem left me feeling alone during one of the most difficult times in my life. That is why I decided to start this blog so that accident victims from all over would have somewhere to come to get the information and support that they need. I truly hope that this page can be that place for you.