How to Prove Fault in a Wrongful Death Claim
Proving Fault in Wrongful Death Claims: What You Need to Know
I understand the immense emotional toll an untimely death of a loved one can have on a surviving spouse and other family members. If the death of your loved one was caused by the negligence or intentional actions of someone else, you may have the legal right to pursue a wrongful death claim. You can file a wrongful death suit to recoup lost wages, burial costs, and other monetary damages. You need an attorney who knows how to prove fault in a wrongful death case, and that attorney is me!
In Ohio, the statute of limitations for a wrongful death claim is two years from the date of death, or from the date the death was discovered as being wrongful. If you file a claim after the two-year time window, the court will likely dismiss your claim and you will no longer have the right to seek compensation.
The sudden loss of a family member is devastating experience. If they were a victim and you need to prove a wrongful death, a personal representative with a history of proving negligent actions. I will seek justice and financial compensation you deserve!
Wrongful Death by Medical Malpractice
Proving fault in a medical malpractice wrongful death case requires demonstrating that a doctor’s negligence or wrongful act caused the death and that the plaintiff deserves compensation. To do so, wrongful death attorneys must prove that the doctor or healthcare professional breached their duty of care to the patient and did not meet the standard of care that was due to them. Additionally, the plaintiff must prove that the breach of duty caused the patient’s death.
Some common forms of medical malpractice that could result in wrongful death lawsuits:
The wrongful death attorney would need to show that the birth injury was the direct cause of the death and that they have suffered damages as a result of the death. To prove wrongful death I will show medical records, have expert witness testimony, and other evidence that shows that the injury could have been prevented if proper medical care had been provided.
Failure to diagnose
Failure to properly diagnose an illness can lead to a wrongful death lawsuit because it can delay or prevent necessary medical treatment. As an experienced wrongful death attorney, I will prove this resulted in the worsening of the patient’s condition that lead to death. If a medical professional failed to diagnose a condition that a competent physician would have identified and that failure to diagnose led to the patient’s death, then the patient’s family may have grounds for a wrongful death lawsuit.
In a case involving prescription errors, I will show that the doctor or pharmacist was negligent in prescribing or filling the medication, and that this negligence caused the patient’s death. Wrongful death actions include prescribing the wrong medication, prescribing the wrong dosage, failing to warn the patient of potential side effects or interactions, or failing to recognize a known allergy or contraindication.
Laparoscopy is a minimally invasive surgical technique that involves the use of a thin, lighted tube called a laparoscope to see inside the body and perform surgical procedures. During a laparoscopic surgery, injuries can occur due to various factors such as incorrect placement of instruments, inadvertent damage to organs, and surgeon error. Common laparoscopic injuries include damage to the bowel, bladder, blood vessels, and nerves. If a laparoscopic injury results in a patient’s death, it may lead to a wrongful death lawsuit.
Proving fault for an anesthesia error in a wrongful death case requires the use of an expert medical witness who will investigate the case and provide insight on what happened during the surgery. The witness will consider factors such as the patient’s pre-surgical risk factors for anesthesia, and the surgeon and anesthesiologist’s operative notes to determine if the anesthesiologist was negligent.
In these wrongful death cases the defendant owed it to the deceased person and surviving family members to exhibit care when exercising their expertise. There are a limited number of ways to prove medical malpractice, all of which are based on whether the doctor acted with the proper standard of care. Negligence is the most common theory used in medical malpractice cases. Medical malpractice cases hinge on proving the negligence. A lawyer must be able to prove the duty of care existed between the patient and the healthcare professional, that the care provider breached the duty of care caused the untimely death.
Wrongful Death Caused by Private Company or Person
Manufacturer of a Defective Product
When a defective product is responsible for someone’s death, a wrongful death claim for product liability may be filed against the product’s manufacturer. Fault is proven in a product liability case by showing of carelessness on the part of the manufacturer or seller, but it is not always required. If certain conditions exist, such as the product being unreasonably dangerous or having a defect that caused the harm, the manufacturer or seller may be held strictly liable for the damages in the wrongful death settlement.
Based on Ohio law, to prove fault in a car accident for a wrongful death case, the plaintiff must establish that the defendant was negligent and caused the accident that led to the fatal injuries. To prove the wrongful death action, the plaintiff must determine the following factors:
- The defendant had a duty of care to the decedent.
- The defendant breached that duty of care by acting negligently or recklessly.
- The defendant’s breach of duty caused the accident that led to the decedent’s death.
- The decedent’s death resulted in damages, such as medical bills, funeral expenses, lost income, and loss of companionship.
To prove these elements in a wrongful death suit, the plaintiff may present evidence such as accident reports, witness statements, medical records, and expert testimony. In addition, the plaintiff may need to establish that the defendant violated traffic laws, such as speeding or running a red light, or was driving under the influence of drugs or alcohol. Showing evidence that the defendant was distracted while driving, such as texting or using a cell phone, can also be helpful in proving fault in a car accident for a wrongful death case.
DUI Car Accident
In order to prove the wrongful act in a DUI wrongful death case, the plaintiff must show that the defendant (the driver who was under the influence) behaved negligently or committed an intentional act that caused the death of another human being. Evidence of the driver’s impaired state, such as a failed breathalyzer test or witness testimony, can be used to establish the defendant’s negligence caused the fatal injuries. I will work you and your family members as your personal representative to prove beyond a reasonable doubt that the person’s death was caused by the defendant.
Wrongful Death by Government Entity
Negligence of Government Employee
To prove fault by negligence of a government employee in a wrongful death case, the plaintiff must establish the following elements:
- Negligence: The plaintiff must prove that the government employee acted negligently or failed to act in a reasonable manner. Negligence can be established by showing that the employee breached a duty of care owed to the decedent.
- Causation: The plaintiff must prove that the government employee’s negligence caused or contributed to the decedent’s death.
- Damages: The plaintiff must prove that the decedent suffered damages as a result of the government employee’s negligence. Damages in a wrongful death case may include medical expenses, funeral and burial expenses, loss of income, loss of companionship, and pain and suffering.
It is important to note that suing a government employee or agency may be subject to sovereign immunity, which refers to the legal principle that the government cannot be sued without its consent. However, exceptions to sovereign immunity exist, and a wrongful death claim may be permitted under certain circumstances.
Failure to Maintain a Public Roadway
To file a wrongful death lawsuit, and prove the wrongful death claims for failure to maintain a public roadway, legal representation has to prove that a person or entity behaved negligently or committed an act of wrongdoing that caused the death of the victim. They must establish that the defendant had a duty of care towards the victim and breached that duty of care. In this case, the defendant’s duty of care is to maintain the public roadway. Proving that the defendant failed to fulfill this duty and that this failure caused the victim’s death is crucial in winning the lawsuit. To establish this, the plaintiff needs to provide evidence showing that the defendant was aware or should have been aware of the dangerous condition of the road, and that they failed to take reasonable measures to fix or address the issue. The plaintiff must also prove the damages suffered by the surviving family members as a result of the victim’s death.