Losing a loved one is an incredibly painful experience, made even more difficult when their death is the result of someone else’s negligence or wrongful actions.
In such cases, you may have the option to file a wrongful death claim to seek justice and compensation for your loss. To succeed in this endeavor, it is important to establish fault and responsibility.
1. Gathering solid evidence
The foundation of any wrongful death claim lies in gathering compelling evidence that demonstrates the at-fault party’s negligence or misconduct. This evidence can include eyewitness accounts, photographs, video footage, medical records and expert testimonies.
2. Establishing causation
Proving fault is not sufficient. You must also establish a direct link between the at-fault party’s actions or negligence and the death of your loved one, which is causation. To do this, you will need to provide clear and convincing evidence showing that the defendant’s behavior directly resulted in the fatal outcome.
3. Demonstrating a duty of care breach
To establish fault, you must show that the at-fault party had a duty of care toward the deceased, which they breached. Whether it is a driver’s duty to follow traffic rules or a manufacturer’s responsibility to produce safe products, proving a breach of duty is a key element of your case.
4. Highlighting prior violations or misconduct
Sometimes, the at-fault party may have a history of negligence or misconduct. This can be an essential element in proving fault. Investigate whether the responsible party has prior violations, complaints or legal issues related to the same type of negligence that led to your loved one’s death.
In 2021, unintentional accidents caused 224,935 deaths. When someone else causes your loss, building a compelling case may help you achieve a favorable outcome in your pursuit of justice.
