Suing in a wrongful death lawsuit enables surviving family and dependents of the victim to seek justice on behalf of the loved one who passed away due to an act of negligence, carelessness, or violence. Not all death cases, including accidental deaths, qualify to make a wrongful death lawsuit. The claim must satisfy specific criteria for the survivors to present for a hearing.
Four elements require proof in a wrongful death suit, negligence, breach of duty, causation, and damages. The survivors filing the lawsuit have to prove all these elements. The burden of proof required of the claimant that would be on the victim if they were alive must be met by the survivors.
Here’s a discussion of what wrongful death lawyers will help you establish when determining if you have a valid wrongful death claim.
When filing a claim for wrongful death, wrongful death lawyers need to prove that the entity or person was at fault and responsible for the death. Here are the primary elements the court uses to determine the same.
- Negligence: Victims must show that the entity or person brought before the court was negligent through their actions or omission. A typical example is drunk driving or failing to take all safety protocols.
- Causation: This element will require wrongful death lawyers to prove that the actions that led to the death of your loved one were intentional. Show that the person intended to hurt your loved one. For example, they were assaulting them.
- Strict liability: There are multiple scenarios where an entity or person may be liable for the death or injury of another person, even when they did not individually do something wrong.
An example is a company owner who had not implemented the correct safety protocols or a dog owner when the dog attacked and killed a child. In such scenarios, the courts will hold defendants accountable, even when they were not intentionally and directly involved in the fatal event.
A wrongful death lawsuit has vast knowledge about the preparation required before pursuing compensation for the party at fault. You will need wrongful death lawyers to professionally gather all the forms of evidence, speak to any possible witnesses, and evaluate all the findings. Only then will you get a professional opinion on whether your wrongful death claim is valid.
Lawsuits can be costly, and mourning a loved one when handling one can be a daunting emotional roller coaster. Ease the emotional burden by contacting wrongful death lawyers.
Navigating a wrongful death claim is not a walk in the park, especially when you are not a wrongful death attorney. If you think you may have a valid wrongful death care, gather and document every detail about the event leading to the death. Contact an attorney for a consultation as soon as possible. They will give an honest legal opinion on whether you have a case that will hold up in a courtroom.