Proving a COVID-19 Wrongful Death Claim
All civil lawsuits rely on the presence of negligence, and a wrongful death claim is no exception. Families pursuing legal action against long-term care facilities must establish the following elements to receive compensation.
- Duty of care: First, the plaintiff must establish that the at-fault party owed the deceased person a duty of care at the time of his or her death.
- Breach of duty: Next, the plaintiff must show that the at-fault party breached his or her duty of care to the defendant in some way. This will likely involve the COVID-19 outbreak.
- Causation: Finally, the plaintiff must prove that the breach of duty directly caused the death of his or her loved one.
In the case of COVID-19 wrongful death lawsuits in Kansas City, an attorney can easily establish the duty of care element; families trust the facility to care for their loved ones, and the facilities must uphold that duty of care. The cause of the outbreak would constitute breach of duty — whether the facility failed to test its employees, denied a sick request, or decided not to enforce a mask requirement.
Causation can be difficult to prove in these circumstances. The attorney will need to identify how the deceased came into contact with the virus, and whether or not this contact constitutes a negligent act. Luckily, most wrongful death attorneys will have access to the resources necessary to investigate and identify the cause of the outbreak.
Have You Lost a Loved One Due to a COVID-19 Nursing Home Outbreak?
The COVID-19 pandemic is devastating, and it is important that all of us take proper precautions to prevent the spread of this virus. If you lost a loved one in a nursing home that failed to protect him or her against COVID-19, you may be eligible to file a lawsuit against the facility as well.