Proving negligence in a wrongful death claim

Posted on February 14,2017 by lawrzwp

There are few things in life more jarring than the sudden and unexpected death of a loved one.  It’s the type of thing that can have an impact on a family for years to come.  While all loss of life is unfortunate, the tragedy is compounded even more when that death happens needlessly as a result of the actions of another person.


For Toledo residents, nothing can bring back a loved one, but surviving family members do have the right to demand and seek justice by working with a wrongful death attorney to seek just compensation for the loss of a family member.


Family members can file a wrongful death claim to compensate them for a variety of losses that resulted from the victim’s death.  That compensation may include:


  • Medical bills and funeral expenses
  • Lost capacity to earn wages for the family
  • A loss of inheritance from what the deceased might have been able to put away if they had lived out a normal lifetime
  • Pain and suffering, including mental and emotional anguish
  • Exemplary damages, available in cases where the death was grossly negligent or caused by a willful act.  These are considered punitive damages that are designed to punish the person who committed the act


A Toledo wrongful death attorney must focus on four key points to prove negligence in a wrongful death case.  It must be shown that a person had a duty to protect people from acting in a way that could have caused a death.  Next, it must be shown that the person breached that duty and acted negligently and that those actions were the actual cause of death.  Finally, it must be shown that the death of the person resulted in a financial loss, creating a need to collect damages.


The Law Office of Rubin & Zyndorf serves clients in Toledo and nearby Ohio communities.