Understanding the elements of a wrongful death claims
Basically, death is deemed wrongful when it is attributable to another person or entity’s unlawful actions. For death to be wrongful, it must be characterized by the following elements:- Duty of care: The defendant must have owed the victim a duty of care. For instance, every motorist has a duty of care to operate their vehicles in a manner that does not pose danger to other road users.
- Breach of duty: The defendant must have breached their duty of care to the victim through unlawful actions such as speeding or driving under influence.
- Causation: The defendant’s breach of their duty of care directly resulted in the decedent’s death or fatal injuries.
- Damages: Following the decedent’s death, their dependents sustained specific damages such as funeral and burial expenses, loss of income and emotional loss among other damages.Â
