Negligence is the cornerstone of most wrongful death cases. In fact, without a strong negligence claim, families cannot recover the compensation they deserve. Here’s what most people get wrong though…
The majority of individuals do not fully understand the concept of negligence when it comes to wrongful death litigation. They have the mistaken belief that it is a straightforward process – someone dies, someone else is at fault, and the case is won.
This is far from the truth.
What you’ll discover:
- How Negligence Creates Legal Liability
- The 4 Legal Elements That Build Every Wrongful Death Case
- How Medical Malpractice Deaths Differ
- Building Your Strongest Case Strategy
The Importance of Negligence in Wrongful Death Cases
Simply put, negligence is the legal theory that allows a person or entity to be held accountable for someone’s death caused by their carelessness.
But, here’s what most families don’t realize…
In wrongful death litigation, proving negligence is the one piece of the puzzle that requires very specific legal standards to be met. You cannot simply demonstrate someone made a mistake. Instead, you need to show they breached their legal duty of care.
Every individual and business has a legal responsibility to act in a manner that keeps people safe. If this legal duty is broken and someone dies as a result, then negligence may be the cause.
The problem?
Negligence can come in many different forms, and knowing which category applies to your case can mean the difference between winning and losing. This is why working with an experienced Alberta wrongful death lawyer is critical – they know how to build the strongest negligence argument for your specific situation.
The Four Elements of Negligence Every Wrongful Death Case Must Meet
Want to know the one thing that separates winning wrongful death cases from the rest? It all boils down to these four essential elements of negligence:
Duty of Care: The defendant owed a legal responsibility to the deceased person to act in a reasonable manner.
Breach of Duty: The defendant violated that duty by their actions or failure to act.
Causation: The defendant’s breach directly caused or substantially contributed to the death.
Damages: The death caused quantifiable losses to the surviving family members.
The one thing most people miss is this:
You need concrete evidence for ALL four elements. Failing to meet even one of these factors will cause the case to collapse, no matter how obvious the negligence may seem.
Negligence in Medical Malpractice Deaths
Medical malpractice wrongful death cases are in a class of their own.
Here’s why: in these cases, you have to show that healthcare providers failed to meet the accepted standard of care in their field when it comes to the medical negligence that caused death.
The facts are astounding:
In the United States alone, medical mistakes cause a minimum of 251,000 deaths every year. This is the third leading cause of death, after heart disease and cancer.
But, here’s what’s even more shocking…
In spite of all these preventable deaths, only 5% of those that resulted from medical errors ever receive malpractice payouts. In other words, the majority of families never see any justice or compensation for their loss.
Some of the most common examples of medical negligence include:
- Misdiagnosis or delayed diagnosis
- Surgical mistakes and medication errors
- Birth injuries and delivery complications
The challenge with medical malpractice cases is that medicine is not an exact science. Not all bad outcomes equal negligence. You will need medical experts who can testify that the healthcare provider failed to meet the appropriate medical standards of care.
Other Common Types of Negligence in Wrongful Death Claims
Medical malpractice is not the only form of negligence that results in wrongful death lawsuits. Other common causes of wrongful death where negligence may be the cause include:
Motor vehicle accidents – Negligent drivers who speed, drive drunk or text and drive may be liable for the death.
Premises liability – Owners who maintain unsafe conditions may face wrongful death claims.
Product liability – Manufacturers can be liable when a product defect causes a death.
Workplace accidents – Employers who fail to follow safety regulations may be negligent.
The key factor is that the defendant had a legal obligation to prevent the type of harm that occurred.
Building the Strongest Negligence Case Possible
The biggest thing separating successful wrongful death claims from unsuccessful ones is this:
Gathering Evidence Quickly – Critical evidence can quickly disappear. Security footage is erased, witnesses move on and physical evidence deteriorates. The sooner you can start building a case, the better.
Expert Witnesses – Complex negligence cases will require experts who can break down technical concepts for a jury.
Investigation – Good wrongful death lawyers will review medical records, interview witnesses and consult with experts.
Insurance Company Tactics to Avoid Negligence Claims
Expect insurance companies to make proving negligence as difficult as possible.
The second they find out a family is filing a wrongful death claim they will immediately start building a defense against negligence. The adjuster will argue that the deceased was partially to blame for what happened or that the defendant’s actions didn’t actually cause the death.
They have entire legal teams whose job it is to minimize or deny negligence claims.
That is why it is so important to have experienced legal representation. Wrongful death legal services have the skills and resources needed to counter insurance company tactics and prove negligence beyond a doubt.
Comparative Negligence and its Role in Wrongful Death Cases
In many jurisdictions, you cannot simply prove the defendant was negligent and expect to win a wrongful death claim. If the deceased person is also partially to blame for what happened, the laws on comparative negligence come into play.
These laws reduce the amount of a damage award that is recoverable in proportion to the deceased person’s share of the blame. For instance, if your loved one was 20% responsible for the crash that killed them, your damage award would be reduced by 20%.
This is why building a strong negligence case is so important.
You will need to limit any suggestion the deceased contributed to their own death as much as possible, while maximizing all the evidence of the defendant’s negligence.
Act Quickly if You Suspect a Negligent Death
Time is of the essence in wrongful death cases. Every jurisdiction has statutes of limitations that place limits on how long families have to file wrongful death claims. Miss these deadlines and you will permanently lose the right to seek compensation.
In addition, evidence can be lost or disappear over time:
- Witnesses move or forget key details.
- Physical evidence is destroyed or lost.
- Medical records are more difficult to obtain.
The sooner you speak with wrongful death legal services the better your chances of building a winning negligence case.
Making Sense of Negligence in Wrongful Death
Negligence in wrongful death litigation is not simply a matter of proving someone made a mistake. It’s about showing they violated their legal duty of care towards the deceased person and that violation directly resulted in the death.
The legal standard is strict for a reason.
Wrongful death awards have the potential to reach into the millions of dollars, so courts want to see very clear evidence before they hold a defendant liable. Understanding negligence and the legal elements you must meet and having experienced legal representation on your side is what gives your family the best chance of seeing justice and compensation.
Remember, every wrongful death case is different and the type of negligence that may be involved will dictate your legal strategy. Never try to navigate these waters alone.
