4 key elements of a wrongful death case

On Behalf of | Nov 20, 2023 | Wrongful Death |

In the wake of a motor vehicle accident that claims the life of a loved one, navigating the legal landscape can be challenging.

Families dealing with the aftermath often find themselves seeking justice through a wrongful death lawsuit. To ensure a thorough and effective legal pursuit, the case must include several key elements.

1. Establishing negligence

The foundation of a wrongful death lawsuit lies in establishing negligence. This involves proving that the responsible party failed to uphold their duty of care, directly contributing to the fatal accident. Gathering evidence, such as eyewitness accounts, traffic camera footage and expert testimonies, is necessary for building a compelling case.

2. Documenting damages

Accurate documentation of damages incurred as a result of the wrongful death is important. This includes both economic and non-economic losses. Economic damages encompass tangible financial losses, such as medical expenses, funeral costs and lost income. Non-economic damages, on the other hand, pertain to intangible losses like emotional pain and suffering.

3. Proving causation

Establishing a direct link between negligent actions and the fatal outcome is necessary in a wrongful death lawsuit. Demonstrating that the defendant’s actions directly caused the accident and subsequent loss of life is essential. This may involve reconstructing the events leading up to the crash, consulting medical professionals to determine causation and presenting a clear timeline of events.

4. Identifying responsible parties

Determining all parties responsible for the wrongful death is important for a comprehensive lawsuit. This may extend beyond the obvious, such as the driver involved in the accident, to include third parties or entities that may contributed to the incident.

In 2021, 139 fatalities occurred on Delaware roads. Although every crash is different, some cases may merit filing a wrongful death lawsuit.