Nothing is more tragic than the unexpected loss of a loved one. It only exacerbates the pain if his or her passing was preventable, and another individual or entity's negligence caused it. This is often the case, though, in deaths that occur in the workplace. If you have recently lost a loved one under such circumstances, you should know that there is legal recourse available to help you handle the situation.
Filing a wrongful death suit may be your best option, and the following three elements comprise the most important aspects of a wrongful death case.
The purpose of a wrongful death suit is to collect damages to cover your expenses, loss of income and pain and suffering that result from your loved one's death. In order to prove liability and collect, you must prove that the responsible party's negligence is to blame for the accident. If the company or person responsible clearly acted carelessly, you should gather any evidence to prove this for your case.
Once you have shown negligence, you must establish the tie between the negligence and the death. If the negligent action directly caused the individual's death, this is grounds for a wrongful death suit. According to the State of New Jersey, in such cases, criminal charges may be applicable in addition to any potential damages collected from a lawsuit.
3. Breach of duty
In addition to proving negligence and causation, you must prove that the liable party acted in direct breach of his or her duty to the decedent. If the death occurred in the workplace due to faulty machinery, for example, the company that failed to maintain the equipment breached its duty. A doctor whose mistake causes a death breached his or her duty to protect the patient's health.