Standard of Care

Standard Of Care In Wrongful Death Claims

If someone’s negligence leads to another person’s death, the surviving family members are usually entitled to damages. These damages can be achieved through a civil lawsuit. Each state has a different way or rules governing how they carry out wrongful death claims. In wrongful death claims, the standard of care is used as a guide to determining liability. The general rule is that the plaintiff must prove fault in three elements:

  • Prove of duty of care: Everyone has a duty of care to keep another person safe.
  • Prove of breach of duty: The plaintiff has to prove that the defendant owed them a duty of care but was breached.
  • Prove of causation: Proving the duty of care and breach of the same is not enough; the plaintiff must prove that the defendant’s actions led to the wrongful death.

Understanding Standard Of Care In Wrongful Death Claim

Wrongful death claims can result from any fatality, but the core thing has to be negligence. For instance, a negligent driver may cause a car crash or even medical negligence. For a defendant to be deemed to have caused a wrongful death, their actions must fall below the standard of care. This is the only way one can be held liable for wrongful death for the breach of standard of care. In proving the above elements, the court must prove the quality and credibility of the evidence provided. Without this, the plaintiff cannot recover any damages for the wrongful death.


How Does The Court Determine The Standard Of Care?

In any wrongful death, the court must obtain the evidence to show that the defendant had a breach of standard of care. It must be proven that the actions leading to wrongful death lacked ordinary care, skills, and caution that any reasonable man would have demonstrated. Jurisdictions differ when it comes to determining liability. Thus, it would help to have legal representation from to have the standard of proof in any wrongful death action.


Do I Need A Lawyer For A Wrongful Death Claim?

Determining the standard of care in wrongful death claims is not straight forward. Wrongful deaths can occur due to many reasons. This means that each case is handled differently. Therefore, one requires a seasoned lawyer to guide them through the process. At, your lawsuit will be evaluated by skilled lawyers who will guide you on pursuing a wrongful death claim and recovering the monetary damages.