How Can I Prove Wrongful Death in Lawsuit?
Wrongful death claim cases involve an individual losing their life owing to the fault of another party. In a case of wrongful death, the defendant can be found guilty if the plaintiff or the surviving family of the victim can provide proof similar to what would be produced if the victim was alive. In cases of wrongful death lawsuits, the family members who are filing a lawsuit are required to prove some key elements of wrongful death to be eligible to claim financial compensation.
Types of Wrongful Death
Most of the cases of wrongful death claims are complicated. Hence, it is recommended to hire a legal expert who can review your situation and create a solid case for compensation. Some of the types of wrongful death accidents include:
- Slip and fall accidents
- Pedestrian accidents
- Motor vehicle accidents
- Bus accidents
- Truck accidents
- Construction site accidents
- Product defects
- Occupational hazards and exposure
- Medical malpractice
Proving Wrongful Death in A Lawsuit
The law that governs proving elements in a wrongful death claim varies depending on the state in which the accident occurred. With the legal assistance of a wrongful death attorney at Reyes Browne Reilley Law Firm in Dallas, TX, if you have lost a loved one to any of the accident cases mentioned above, you can file a wrongful death lawsuit by providing clear and compelling evidence that proves the below:
Negligence: First and foremost, you will have to prove that the accident victim’s death was caused by the negligent, reckless, or careless actions of the defendant.
Breach of Duty: Next, the surviving family of the victim or the plaintiff needs to prove that the defendant owed a duty of care and safety toward the victim. For example, all drivers have a duty to drive safely when sharing the road, while property owners have a duty to ensure that the premises are always safe and hazard-free. You need to establish that such duty existed, and the defendant’s negligence resulted in a breach of this duty.
Causation: In addition to proving a breach of duty, you also need to prove that the accident was a direct result of such breach of duty and this accident resulted in the loss of their loved one.
Damages: Lastly, the plaintiff needs to prove that the death of their loved one has caused quantifiable damages such as medical expenses, loss of companionship, loss of income and potential earnings, loss of guidance, inheritance, funeral and burial costs, and resulted in pain and suffering.
How Can A Wrongful Death Lawyer Help You?
The mere death of a loved one is not enough to receive monetary compensation for your losses. The surviving family members still have the burden of proving that the negligent party’s fault has caused damages. If you are someone who has lost a close relative owing to an accident, it is recommended to seek legal assistance through a seasoned wrongful death lawyer. A knowledgeable and experienced lawyer will assist you in gathering evidence to prove liability and ensure that you receive the compensation that you rightfully deserve for your loss.