When a loved one dies, it is a time of deep grief for them. Sometimes, the death of a loved one can be caused by negligence or intentional harm. The surviving family members may want to hold the responsible party accountable.
What can you do to prove a willful death case?
While you and your family may believe that the accident that led to the death of the deceased was caused by negligence on the part of another party, legal professionals can make it difficult to prove liability. For any wrongful death suit, there are three important elements.
A breach of the duty to care can be seen when an operator of motor vehicles speeds or drives recklessly, resulting either in an accident or other events that cause harm to property or people.
These actions are considered by law to be breaches of the duty to care.
- Failure to obey traffic laws and signs
- Failure to pay attention to posted traffic signals
- Driving at an exaggerated speed
- Avoid speeding in dangerous conditions like a blizzard
- Traffic weaving in and out
- Driving while texting
You must establish liability in your case for wrongful death and show that the defendant caused the death of your loved one. Each case is unique and may present different challenges. An experienced attorney in wrongful death can help you to determine the causation of the accident and the responsibility of the driver.
Wrongful Death Cases – Evidence
Every case requires evidence, but it is particularly important for wrongful death cases. You will need to show how the accident occurred and the specific circumstances that make the defendant liable in order to prove that the defendant breached a duty. Also, you will need to prove that the duty of care was breached and caused damages.
These are the most commonly used forms of evidence in cases involving wrongful death:
- Physical evidence – This type of evidence could include reports on blood alcohol content, property damage and photographs of an accident scene.
- Testimony Any eyewitness can be called to testify. Family members who are still living may also be called to testify. Expert witnesses will be called upon by both parties to testify.
- Police reports and medical reports –Medical records show what caused the decedent’s death. A trier of facts can use police reports to determine the cause of a motor vehicle accident.
- Miscellaneous RecordsDelivery logs and receipts and order forms could be useful in cases involving commercial vehicles, such as Uber drivers or truck drivers.
If a long period passes between the incident and when the wrongful-death claim is filed, evidence may not be available. You should consult an experienced wrongful-death attorney as soon after the death of the decedent.
Examples From Wrongful Death Claims
Here are some common wrongful death claims.
- Neglected children
- Products liability
- Criminal conduct
- Medical malpractice
- Collisions between motor vehicles
Summarized from an article by Arash Khorsandi Injury Lawyers.
