If a person has died and this has been caused by the negligence of a third party, regardless of whether it’s a person or an entity, the surviving members of his family are usually going to have their merit and rights to file a civil suit to repair the damages from the person who’s responsible. Now, there are quite a few different things which need to be considered, but strictly speaking, there are some basic and fundamental considerations for you to take into account. So, let’s have a look.
What is a wrongful death case?
This is obviously the first thing that needs to be taken into account when it comes to a civil lawsuit. This is basically a civil case that you can bring up in order to repair monetary damages. It is quite different from bringing up monetary charges which a prosecutor could file. The latter usually ends up with some sort of a verdict which subjects the defendant who is found guilty to a punishment of some sort such as imprisonment, for instance. The criminal prosecution, however, is also not going to award damages to any of the surviving members of the family. This is where things start to differ quite a lot.
Who are the parties?
When it comes to a civil lawsuit of any kind, the one who is bringing it up is called the plaintiff, while the one who is being accused of causing the death, even though negligently, is called the defendant.
What must the plaintiff proof?
In order to ensure that the case goes his way, the plaintiff needs to prove the following elements which pertain to wrongful death:
• Duty of care – this is the duty that the defendant owes when it comes to performing a certain activity in which the deceased had been involved. This could be any number of things.
• Breach of said duty – in order for the plaintiff to establish the negligence, said duty needs to have been breached by the defendant.
• Causation – this is the last element of the case which means that the breach of the duty of care actually leads to the damages which the plaintiff is claiming.
Theoretically, it doesn’t sound so challenging but in reality, it’s something completely different, overwhelming and even burdensome. There are so many factors, which have to be weighed in and this is the main reason for which you should absolutely work with a personal injury lawyer in Mississauga. He is going to help you get the legal representation that you need in order to see the case through. This is definitely one of the most important considerations for you to take when it comes to it.