Slip-and-fall accidents are some of the most common accidents to occur. This is because there are many things that can cause it to happen, including uneven pavement, icy roads, unseen puddles, and upturned rugs. For some, a slip-and-fall accident may result in no injury or non-life threatening injuries, but for others, it may be mean wrongful death. If your loved one recently passed away after they sustained a slip-and-fall injury, you may be wondering if you can pursue a wrongful death lawsuit. Like any lawsuit, there are certain pieces of evidence that you must provide to a court and certain factors that must be present for your case to be successful. What Should You Prove In This Lawsuit? There are similar components you must prove for both the slip-and-fall injury and for bringing forth the wrongful death lawsuit. Just like you would for a personal injury claim after your loved one suffered a slip-and-fall accident, you must show that they were not at fault. For example, if your loved one was walking through a grocery store, tripped over their own feet, fell, and hit their head, they were likely the cause of their injury. If this case, you would not have had substantial evidence to bring forth a personal injury claim had your loved one survived. Thus, you likely would not have enough evidence for a wrongful death lawsuit either. On the other hand, if your loved one slipped on a wet puddle in the middle of the grocery store that had no warning signs, hit their head and later died because of these injuries, you likely have what you need for a lawsuit. Components Of the Wrongful Death Lawsuit You must present certain elements to have a successful wrongful death lawsuit. These are:
- Your loved one died.
- Their death was not their own fault but someone else’s negligence caused it.
- The negligence directly caused your loved one’s death.
- You or surviving family members are suffering in some way (typically financially) because of their death.
With the above example, the components would be that your loved one slipped and sustained injuries due to the negligence of the store manager or staff, died because of these injuries, and you and other family members are suffering for various reasons because of their death.
What Kind Of Damages Can Someone Claim?
When your loved one was the victim of wrongful death after a slip-and-fall, there are certain damages you can claim. Some of these are:
- Burial and funeral expenses
- Medical bills prior to your loved one’s death
- The loss of the victim’s income
- The loss of the victim’s benefits
- The loss of consortium or love
- The pain and suffering your loved one went through before dying
- A loss of companionship
Why Slip-And-Fall Accidents Are So Dangerous
Many people walk away from slip-and-fall accidents without a scrape. Others may have mild injuries. Slip-and-fall accidents are particularly dangerous because brain injuries (like concussions or hemorrhages) may not have any signs until it is too late. If your loved one died after a slip-and-fall accident, don’t hesitate any longer in seeking help from a compassionate attorney, like a personal injury lawyer in Melbourne, FL Thanks to our friends and contributors from The Law Offices of Arcadier, Biggie, & Woods for their insight into personal injury and wrongful death.