Negligence
Negligence
Negligence is a legal concept that plays a significant role in wrongful death lawsuits. Negligence refers to a failure to take reasonable care that harms another person. In a wrongful death case, negligence must be established to hold the responsible party liable for the deceased’s death. Here are the ways negligence is established in wrongful death lawsuits.
Duty of Care
To establish negligence in a wrongful death lawsuit, the plaintiff must first prove that the defendant had a duty of care to the deceased. A duty of care is a legal obligation to take reasonable care to avoid causing harm to another person. The responsibility of care can arise from various relationships, such as doctor-patient, employer-employee, or diver-passenger.
Breach of Duty
Once the duty of care is established, the plaintiff must prove that the defendant breached that duty of care. A breach of duty occurs when the defendant fails to act with reasonable care, thereby causing harm to the deceased. For instance, if a doctor fails to diagnose a patient’s illness correctly, the patient dies. As a result, the doctor may be held liable for breaching their duty of care.
Causation
The plaintiff must also prove that the defendant’s breach of duty caused the deceased’s death. Causation can be established through various means, such as medical evidence, witness testimony, or expert testimony. For example, if a driver runs a red light and causes a fatal car accident, the plaintiff must show that the driver’s negligence caused the deceased’s death.
Foreseeability
Foreseeability refers to the ability to anticipate the harm that could result from the defendant’s breach of duty. To establish negligence in a wrongful death case, the plaintiff must show that the damage suffered by the deceased was foreseeable. For instance, if a landlord fails to fix a broken stair railing, and a tenant falls down the stairs and dies, the plaintiff must show that the landlord could have foreseen the harm that resulted from their negligence.
Comparative Negligence
In some cases, the plaintiff’s own negligence may have contributed to the deceased’s death. In such instances, comparative negligence may come into play. Comparative negligence is a legal concept that allows the plaintiff to recover damages even if they were the party responsible for the deceased’s death. However, the plaintiff’s injuries may be reduced to reflect their share of the fault.
Establishing negligence is a vital aspect of a wrongful death lawsuit. It requires the plaintiff to prove that the defendant had a duty of care, breached that duty, causing the deceased’s death and that the harm suffered was foreseeable. For example, suppose you believe someone you love has died due to someone else’s negligence. In that case, it’s crucial to seek the advice of an experienced personal injury attorney who can help you navigate the complexities of the legal system during a traumatic time and ensure your rights are protected.