When a loved one passes away, the grief and pain can be overwhelming. It gets even more challenging to handle when someone accuses you or your organization of causing that death. A wrongful death claim can be financially and emotionally draining, and it is essential to approach it strategically.

Here we dive into the strategies for defending against a wrongful death claim:

Understanding The Claim

A wrongful death claim is a lawsuit that seeks to prove that someone else’s negligence, carelessness, or intentional act caused the death of a person. The lawsuit is usually filed by the family members of the deceased.

The plaintiff must prove four elements when making a wrongful death claim:

• Duty of care
• Breach of duty
• Causation
• Damages

Building A Defense

Duty Of Care

The first step to building a defense against a wrongful death claim is to scrutinize whether you owed a duty of care to the deceased. Did you have an obligation to prevent the action that led to their death?

If there was no duty, then the claim cannot hold in court. For instance, if someone commits suicide, the accused cannot be held responsible for a wrongful death claim.

Breach Of Duty

The next step is to determine if there was a breach of duty. Did you fall short of your obligation to prevent the accident? In a medical malpractice suit, for instance, the medical personnel must provide care that’s in line with the standard of care.

A deviation from the standard of care is a potential breach of duty, and the plaintiff may have a valid wrongful death claim.

Causation

The plaintiff must also prove causation. The accused must have caused the death because of their negligence; otherwise, the claim is baseless.

Proving causation for wrongful death claims is more difficult than in personal injury claims as it boils down to proving that the accused’s negligence was a direct cause of death.

Damages

The final element to prove is damages. Did the plaintiff suffer any damages from the loss of their loved one? The plaintiff must show how they were affected, and there must be a significant loss, such as financial support.

If you can prove that the plaintiff did not suffer any losses, the claim will likely fail.

Other Strategies for Defending Against Wrongful Death Claims

Document Everything

To have a solid defense, document everything related to the incident. You should keep all the records and correspondence that relate to the incident. This documentation may include accident reports, medical records, witness statements, and any communication between the parties involved.

Find An Experienced Attorney

Find a skilled and experienced attorney to help you through the process. Your attorney should have experience defending wrongful death claims, and they should be familiar with the laws in your state.

Watch What You Say

The language you use in conversations and communication can be crucial in defending a wrongful death claim. It is crucial that you avoid admitting any negligence or blame during conversations, and you should let your attorney handle all communication related to the case.

Consider A Settlement

Finally, consider settling the case outside of court. Settlements often involve paying a sum of money to the plaintiff in exchange for dropping the wrongful death claim. While this may be difficult to agree to, it can save costs associated with a trial in court.

Conclusion

Protect yourself and your business by being prepared for a wrongful death claim. By understanding the claim and knowing how to build a defense, you can defend your rights effectively. Remember to find an experienced attorney, document everything, watch what you say, and consider a settlement. By taking these steps, you can protect your reputation, avoid financial losses, and move on from the incident.