The pain of losing a loved one can be very excruciating, especially if the death was not self-inflicted or natural. When the death of a person occurs because of other people’s recklessness or negligence, it is referred to as wrongful death. The immediate cause of action after a wrongful death is usually the filing of a wrongful death claim by the immediate family members. They can also file a lawsuit seeking compensation for financial and emotional damages. At this point, a Schenectady wrongful death attorney will be of great help in seeking justice. This article discusses the different aspects of wrongful death.
The Four Elements of a Wrongful Death
A wrongful death lawsuit involves four key elements, according to the law. For the dependents to get any financial compensation, they must be able to prove, through their attorney, each element beyond doubt. It is only then that they can win the case and get their compensation. The four elements include:
· Breach of Duty – for the case to be successful, the plaintiff has the role of proving that the defendant owed a duty to the deceased victim. For example, a driver has a duty to drive safely and follow all the traffic rules. In case he fails to adhere to the set rules and causes an accident, the driver then stands in breach of duty.
Similarly, a medical doctor has the duty to maintain a patient’s health. If a patient dies due to negligence of duty, the doctor is held responsible. This element demands that the plaintiff must establish beyond any reasonable doubt that the duty existed. The plaintiff must also prove that the duty was breached.
· Causation – this element demands that the plaintiff must prove beyond doubt that the cause of the death was as a result of the defendant’s failure. The plaintiff must show what duties the defendant neglected that caused the death.
· Negligence – Negligence is one of the most common causes of wrongful deaths in Schenectady. However, there must be sufficient evidence against the defendant. The cause of death could either be due to carelessness, recklessness, or other negligent actions. The evidence should be presented in court by a plaintiff, either a legal representative or a surviving member.
· Damages – There must be evidence of damages caused due to the death of the victim. The damages could be; medical expenses, funeral costs, loss of income to dependents, and above all, pain and suffering faced by the victim due to injuries before death.
It takes a skilled wrongful death attorney to win such a case. The evidence must be convincing enough and should be accompanied by the testimony of witnesses.
The Common Causes of Wrongful Deaths
Some issues are considered as common causes of wrongful deaths. An attorney dealing with a case of wrongful death should be able to deal with these issues. They include:
· Accidents caused by automobiles, commercial trucks or motorcycles
· Product defects
· Occupational exposure and hazards
· Criminal actions which may consist of deliberate shootings or violence
· Medical malpractice
· Supervised activities such as field trips or daycare
· Birth injuries
In conclusion, hiring a Schenectady wrongful death attorney would significantly increase the chances of winning in such a case.
