Wrongful death, as seen from the prospective of personal injury law can derive from the negligent behavior of a third party. However, there are quite a few different types of accidents which are in the field of personal injury which could actually cause the death of a person. With this in mind, there are a lot of things to be regarded, so let’s take a brief look at the burden of proof in the most common cases.
Medical malpractice
Wrongful death in medical malpractice cases isn’t uncommon. In order to be able to recover the damages stemming from the fact, the plaintiff needs to determine that there was negligence on behalf of the medical professionals. This means that he or they (depending on whether it was an individual mistake or one carried out by a whole team) must have acted below the standard duty of care, meaning that the same mistake wouldn’t have been committed by another professional with reasonable experience.
Motor vehicle accidents
Wrongful death cases are particularly common in car accident cases. Actually, they aren’t that common but car accidents, in comparison to other causes, are the most common type of accidents that would cause death. However, in order to be able to recover damages, the plaintiff would need to prove the negligence of the party at-fault. There are quite a lot of variables in this regard but all in all negligence needs to be definitively determined.
Slip and fall
Believe it or not, slip and fall accidents can also cause death. In this particular situation, the plaintiff needs to determine the negligent behavior of the defendant in his failed attempt to keep the premises safe for the protection of those who pass by them.
These are the most common types of accidents which would cause death and hence open the possibility for a wrongful death claim. However, there are quite a lot of additional things that need to be taken into proper account because claims of this type are rather specific. For instance, the circle of possible plaintiffs needs to be identified in order to determine whether or not the person who’s claiming the damages has the legal authority to do so. This is particularly important as its grounds for mistrial and dismissal of the claim.
As you can see, there are plenty of things that need to be taken into account when it comes to wrongful death. However, that’s the main reason for which you might want to consider engaging the services of a professional personal injury lawyer. Building a case for compensation is complicated and time-consuming procedure which requires a lot of expertise and thorough knowledge of the law.
However, if you look online or get references there are many lawyers that specialize in such cases and would be happy to help you. It is best to schedule an initial session with them to discuss your case.
