Proving a Wrongful Death Claim

Losing a loved one is a painful experience. It can take years for one to recover from the loss. It is especially hard to move on when the death was caused by the careless or reckless actions of another person. However, you have the right to institute a wrongful death claim against the individual whose actions caused the death of your loved one.

Therefore, if you have lost a loved one through the negligent actions or omissions of another person, you should contact a wrongful death attorney and begin the process of recovering damages. The burden of proof in a wrongful death claim is on the plaintiff. You need to show that the defendant is responsible for the death of your loved one.

Here are ways you can prove wrongful death:

The Defendant Was Negligent

In a wrongful death claim, proving negligence is very important. It shows that through their actions or omissions, the defendant did not consider the safety of the deceased. The careless or reckless act of the defendant must have directly caused the accident. For instance, if the driver fails to stop at a stop sign and crashes into another car causing fatal injuries to the other parties involved, this is considered negligent driving. 

Breach of Duty of Care

If you want to succeed in your wrongful death claim, you have to show that indeed, the defendant owed your loved one a duty of care, which they breached. For example, medical health providers have a duty of care to all their patients. If your loved one loses their life and you think the doctor did not exercise their duty of care, you can file a wrongful death claim. You have to prove that the doctor owed the deceased a duty of care and their actions or omissions amount to a breach of duty of care. 

Their Actions Led to Death

In case there was a breach of duty of care, you have to show that the breach of duty led to your loved one’s death. The actions or omissions of the defendant have to cause the death of your loved one directly. If the breach of duty did not cause any harm to the deceased, it would be hard for you to win the wrongful death claim. In medical malpractice cases, causation is the reason why most claims fail. If the doctor was negligent, but their actions did not cause any harm, you cannot win the wrongful death claim. 

The Death Caused Damages

You can also prove a wrongful death claim by showing the damages you have suffered since your loved one’s death. Damages can be in the form of hospital bills, funeral costs, loss of income, and loss of companionship, among others. The more damages you can prove in court, the higher your negotiating power when determining the amount you shall receive as compensation.

Relationship with the Deceased

Not everyone who knew the deceased can file a wrongful death claim. You need to have a close relationship with the deceased before you can file a wrongful death claim. People who can file a wrongful death claim may include the spouse of the deceased, the children of the deceased who are above 18 years, parents of the deceased, or a personal representative of the deceased. 

Contact a Wrongful Death Attorney

There is no amount of money that can bring a loved one back, but a wrongful death claim can help you get justice for the deceased. Proving a wrongful death claim can be a difficult task and you need an experienced wrongful death attorney to guide you through the process. If you have lost someone through the actions of a negligent person, you need to file a wrongful death claim and get the monetary damages you deserve.