Serving The Villages® Community & Surrounding Areas
Offices Also in Clermont

< Go Back

What Qualifies as a Wrongful Death?

https://www.bcnlawvillages.com/practice-areas/elder-law/elder-abuse-attorney/Defined in the legal world as the death of an individual due to a reckless or negligent act of another person or entity, wrongful death is a claim often made by immediate family to secure compensation for emotional and financial damages.

What does the law define as wrongful death? The law looks at four elements when determining if a claim is a wrongful death or not, and each claim must be proven by the surviving members who are filing the lawsuit.

These four elements are:

  • Negligence – The plaintiff or their representation must be able to prove that a person’s death was due in part or completely due to the negligent actions of the defendant.
  • Breach of Duty – It must be proven that the defendant failed to carry out their duty that was owed to the deceased. When we drive our cars on public roads, we have a duty to other drivers and to pedestrians to obey all traffic laws and to drive in a safe manner. A person who kills another because they disregarded a traffic law or drove recklessly has breached their duty.
  • Causation – After proving that the defendant breached their duty to the plaintiff’s deceased loved one, it must also be proven how that negligence on the defendant’s part caused the loved one’s death.
  • Damages – There must be some sort of damage caused by the death of the plaintiff’s loved one. Whether that be through hospitalization, medical, and funeral costs, or through loss of income along with pain and suffering of the victim prior to death – it must be quantifiable in court.

Proving these elements in court requires the compelling testimony and evidence presentation that the skilled team of attorneys here at the BCN Law Firm specialize in.

Common causes for wrongful death suits include:

  • Automobile accidents
  • Product defects
  • Nursing home abuse or neglect
  • Medical malpractice
  • Criminal actions including but not limited to shootings, stabbings, and other violent crime

Because it is not the quantity of the evidence produced, but rather the quality, it is of the utmost importance to hire an attorney with the skills to build a case that can meet the burden of proof in court. If a loved one has been wrongfully killed, the team here at the BCN Law Firm in The Villages can help.

Call us today at 352-775-4739 for more information or to schedule a consultation.