Uncovering Negligence: How to Prove Fault in a Wrongful Death Case

“We are all human. Sometimes we make mistakes. But when someone’s mistake leads to a death, justice demands accountability.”

– Barack Obama

Losing a loved one is devastating, and it becomes even more traumatizing when the cause of their passing is someone else’s negligence. Such situations add even more helplessness to the already grief-stricken families. You will be surprised to know that, unfortunately, these kinds of cases are not so uncommon these days. 

Every year, over 90,000 deaths occur due to medical malpractices only, this number becomes a much larger figure when the number of wrongful deaths from other causes are added to it. (Impactlaw: wrongful death statistics)

But what to do after such mishaps, and how to seek justice? This is what most of the victim’s family ask. Today, in this article, I will discuss with you the steps one should take to ensure that the wrongdoer faces the consequences of their actions. Also, learn about Case Studies of Data Analytics in Healthcare by reading this article.

Establishing Duty of Care

Let’s first understand what duty of care is. Anyone handling operations that can have a significant impact on someone else’s life has a legal obligation to perform their duties responsibly and consciously to avoid causing any severe harm to other parties. 

Now, when we talk about establishing a duty of care in wrongful death cases, it involves showing that the defendant had a responsibility to act in a way that ensured the victim’s safety. It is the primary step to prove negligence on the defendant’s part and the case cannot be processed without it, as it establishes that their actions fell short of what was legally expected from them. 

For example, a doctor must treat their patients with adequate care, if they fail to do so, it can lead to a wrongful death. 
I would advise you to consult a legal counsel at this step only because things only get more complicated from here, and it is best to have a professional by your side while managing something like this.

DO YOU KNOW?
The graph below depicts that medical malpractice accounts for more deaths than all the other causes combined.

Breach of Duty

After the duty of care is established, you will need to demonstrate that the defendant failed to perform his/her duty, through negligence, recklessness, or intentional misconduct. You can include surveillance footage, witness statements, and testimonials to support your case and make your case stronger. This step proves that the defendant had a role in the victim’s death.

In regard to the example we used above, a doctor providing improper treatment or misdiagnosing a disease can be considered a medical breach.

Causation: Linking the Breach to the Death

Now that duty of care and duty breach has been established, what if the defendant accepted that there was a breach of duty but claimed that it did not cause the victim’s death? That is why causation is essential; it links the violation to the death. 

Remember that both actual causation (cause-in-fact) and proximate causation (foreseeability) are required. 

• Actual causation – The plaintiff needs to prove that the victim died directly because of the accused’s actions. For example – The doctor made a fatal mistake while operating and that alone resulted in the victim’s death.

• Proximate causation – Proving that whatever action led to the death could have been avoided and was something that a reasonable person could see.

Demonstrating Damages

Once everything mentioned above is done, it is time for the plaintiff to demonstrate the damages occurred because of the death. These are generally of two types –

• Economic damages – These are easily measurable and include all the expenses of medical bills, funerals, and other related matters. All the related receipts and bills from hospitals and funeral homes are required as proof.

• Non-economic damages – These include the psychological, mental, and emotional damage that the family had to go through due to the trauma of a loved one’s passing.

These factors are not easy to measure, hence, expert testimony may be required to reach a certain number of them. 

PRO TIP 
The accused often tries to claim that the incident was an accident or an unavoidable occurrence. So, dig deeper and try to find previous violations and misconducts concerning that same person. This will help make your case stronger.  

The Importance of Timely Action

Another aspect you need to keep in mind while filing a wrongful death case is taking timely action. This is essential because of the statute of time limitations which typically ranges from 1 to 3 years and this period gets started from the day of the death. 

If you fail to follow these deadlines, there is a chance that the accused might request this case to be dismissed and there is a high possibility of him getting away without any consequences. 

At last, It is true that nothing can undo the damage caused or fill the void for the victim’s family, but at least seeking justice can provide them peace of mind and encourage them to follow through their healing journey. 

Some kind of compensation can even help them get back on track again. The considerations and steps mentioned in this guide will help you follow through the whole procedure effectively.

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