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What Are the Elements of Wrongful Death?

Wrongful Death Lawyer Des Moines IA wrongful death lawyer Des Moines IA

There are many times someone’s death could be the result of an accident. Perhaps a road was slippery after rain and they hydroplaned into a tree. They could also accidentally eat something with peanuts and not even know it while being deathly allergic. In some cases, death can happen completely on accident and no one is really at fault. However, in other cases, some people will die a “wrongful death”. When this happens, the death is caused by someone else’s carelessness, recklessness, or negligence that could have been prevented. For example, if the chef knew the person was allergic to peanuts and forget to leave them out of the recipe, that death could be considered a result of someone’s negligence. When this happens, what can be done? Typically, the family of the deceased can file a wrongful death lawsuit with the help of a dedicated wrongful death lawyer from Des Moines, Iowa to receive compensation for emotional damages. If you have experienced the wrongful death of a loved one, contact Des Moines Injury Law.com to schedule a consultation today.

Elements of Wrongful Death

An experienced wrongful death lawyer from our Des Moines, IA office can explain the aspects that make up wrongful death, there are typically four factors we can associate with it. These are:

  • Negligence/Recklessness
  • A Breach of Duty
  • Causation
  • Damages/Compensation

Digging further into these claims, how can a Des Moines wrongful death lawyer use these to prove their client’s loved one died a wrongful death?

  1.     When proving negligence, the plaintiff must prove that the death of their loved one was caused by the carelessness or negligence of the defendant(s).
  2.     The plaintiff must also go on to prove that there was a breach of duty. This means that the defendant owed the deceased some kind of duty. In the above example, this could be a duty owed by the chef to provide food that was edible to the patron. In this case, serving something with peanuts to a person who is allergic to peanuts would be a breach of duty.
  3.     When proving the cause, there must be a clear line from how the defendant breached their duty toward the deceased and how such negligence and a breach of duty caused the death of the plaintiff’s loved one.
  4.     Finally, how did the death of the victim damage their family? These damages could come in the form of medical bills, the cost of a funeral and burial, and even lost income and earnings because the deceased no longer provides for the family.

Working with a wrongful death lawyer from our Des Moines, Iowa team can help you work through each of these components to determine if filing a wrongful death suit is the best option for you.

What Are the Common Causes Of Wrongful Death?

  •      Automobile accidents—cars, motorcycles, buses, or trucks
  •      Criminal cases, such as stabbings or shootings
  •      Assisted living
  •      Injuries from birth
  •      Product defects
  •      Work hazards

What Is the Burden Of Proof?

Usually, the burden of proof is set at a lower level because it is a civil case, not a criminal case, thus the defendant does not need to be proven guilty beyond a reasonable doubt. When pursuing a wrongful death case, speaking with an experienced wrongful death lawyer that Des Moines, IA residents trust can allow you to gather the evidence that you need and decided on the best course of action to take. This could be deciding to settle the case outside of court or go to trial. If you have a loved one that is deceased because of wrongful death, call Johnston Martineau, PLLP today to discuss your case with one of our capable lawyers.