Death is always unplanned unless done intentionally or by someone else’s carelessness. In such cases, it is referred to as wrongful death, and the surviving persons of a loved one should seek justice and get compensation. The pain and the emotional trauma caused can not be repaired, but seeking justice can help take your grief away. It’s vital to know the steps to take in case of the death of your loved ones.
Establishing Liability for Wrongful Death
To have a strong case of wrongful death, you must be able to prove liability for the personal injury. The most common cause of wrongful death is negligence, where someone fails to do what they are supposed to or makes a mistake that leads to death. When establishing a case, you must prove the following liability.
Duty of Care
The amusement park must ensure the safety of its visitors and ensure they are safe. The amusement park management and the people visiting the park have a duty of care to everyone else. The person causing death to someone else has a duty of care to the victim.
Breach of the duty of care
The duty of care is often breached due to negligence and carelessness by an individual. Suppose the safety equipment of a roller coaster fails and results in death; that would be due to the negligence of the person operating it. A roller coaster is a challenging machine that often needs an inspection to ensure the safety of visitors.
You have to prove that the death of your loved one is a result of negligence by the accused party. From the roller costa example, if the safety harness and the lap bar worked adequately, your loved one would still be alive. However, there was an aspect of negligence by the amusement park management or the person operating a malfunctioned safety device leading to death.
To qualify for compensation, you must prove that you have suffered a significant loss from the death of your loved one. These damages should be measurable for more accessible compensation.
Ways Wrongful death can occur in Amusement Park
Amusement Park is meant to be a place of fun for you and your loved one. However, accidents do happen, which may lead to fatal injuries and even death. People presume that these places are the same and no mistakes can occur. When riding on a roller costa, you don’t anticipate that the safety harness will fail, flying the rider out of the vehicle while the ride is going on. Other ways you can get hurt include getting stuck by a heavy object, being hit by an object thrown by someone from another ride, or even falling from a great height. The amusement party’s responsibility is to ensure their visitors’ safety and put in place all the necessary measures. Also, those visiting the park have a duty of care to ensure the safety of their fellow visitors.
Steps You Should Take in Case of Wrongful Death
Contact a Lawyer
If you think your loved one is a wrongful death victim and wish to pursue the case, you need to contact a lawyer. The case is usually complicated, and proving the four liabilities can be complex since you don’t know the law. A personal injury attorney will help guide you on what is required and represent you in court. They can help you gather the evidence and identify the responsible parties.
A personal injury attorney will also be able to guide you through the intricacies of a wrongful death suit and explain the significance of, for example, the Dead Man’s Statute, a unique law that applies to many states in the US and prevents certain types of testimony in civil cases involving a deceased person.
Present the Necessary Documents
Documents such as a death certificate and maybe a post-mortem report might be required to prove your case. A good lawyer will also guide you in obtaining the documents and other necessities that might be required by the court or as evidence that it was a case of wrongful death.
Communicate with the Defendant
It’s vital to consider your defendants if they suggest solving the matter outside the court. This can be ideal if you feel that the offer they present will be beneficial to the survivors. If you agree to the offer, the case will end at this point. These negotiations are meant to devalue your case, especially the insurance company to have your compensation reduced or receive no compensation. Be cautious not to fall prey to this and ask a legal expert in cases involving accidental deaths to help guide you through the process and avoid any unsatisfactory negotiations offered.
Recover Wrongful Death Damages
The compensation should be able to cover the bills to enable you to continue with the grieving at peace. You will be compensated for all your funeral and medical bills. You will be compensated for lost earnings from the period of an injury to the death of your loved one. Other compensation would include the pain and suffering, financial support, especially if the dead loved one was a breadwinner, and the loss of the net income they would have made.
Having the above knowledge, you can now know steps to take when your loved one is involved in wrongful death. Be in constant communication with your attorney whenever possible. This helps you know what you expect and how to handle the case.