How Do You Prove a Wrongful Death Occurred?
Losing someone you love is devastating, and it’s even more painful when their death was preventable. When your loved one passes away as a result of someone else’s negligence, you may wish to seek justice and compensation to recover emotionally and financially. However, you have to prove that, indeed, their death was wrongful to hold the responsible party accountable. If you’re wondering how to prove a wrongful death occurred, we are here to help. Wrongful death cases are based on specific elements, and each has to be proven to establish liability and secure the compensation you deserve. Here is a step-by-step breakdown of the process.
What Is Wrongful Death in Ohio?
Before delving into the elements needed in a wrongful death case, let’s understand what wrongful death is. In Ohio, a death is considered wrongful if it results from injuries caused by a “wrongful act, neglect, or default” that would have allowed the injured person to seek damages if they had survived. Essentially, if someone’s actions or negligence led to your loved one’s death, it may qualify as a wrongful death. Families of the deceased have the right to file a claim and seek compensation for their personal and financial losses. Compensation in a wrongful death case is designed to help families recover from the financial and emotional impact of losing their loved one. This includes covering medical expenses, funeral costs, and lost income.
Elements of a Wrongful Death Case
Proving a wrongful death involves demonstrating four key elements: duty of care, breach of duty, causation, and damages. Below is what each element entails:
- Duty of Care
The first step is to prove that the liable party owed your loved one a duty of care. This means showing they were legally obligated to prevent harm. For example, drivers are expected to obey traffic laws and drive safely to avoid causing harm to others on the road.
- Breach of Duty
Next, you must show the defendant breached their duty of care. In other words, you must demonstrate that they failed to act in the same way a reasonable person in the same situation would. For example, if the driver was speeding or driving while intoxicated, this can be considered a breach of duty, which you can use to demonstrate their negligence.
- Causation
After establishing a breach of duty, you need to prove causation. This involves showing the defendant’s negligence directly caused your loved one’s death. You’ll need evidence, such as accident reports, witness statements, or expert testimony, to connect the defendant’s actions to the fatal incident. Here, you are essentially arguing the death wouldn’t have occurred had the defendant acted responsibly.
- Damages
Finally, you must demonstrate the damages caused by the wrongful death. This includes both economic and non-economic losses. Presenting a detailed account of these losses helps establish the full extent of the harm caused.
Overcoming Challenges in Wrongful Death Cases
Even when the facts seem clear, wrongful death cases can be challenging to prove. Defendants may deny responsibility, and insurance companies often try to offer low settlements. However, an experienced wrongful death lawyer can help you navigate these obstacles and fight for fair compensation.
Contact a Columbus Wrongful Death Attorney
If you believe a wrongful death has occurred to a loved one, contact our experienced Columbus wrongful death attorney at the law office of Brian G. Miller CO., L.P.A, today to discuss your case.
Source:
codes.ohio.gov/ohio-revised-code/section-2125.01
