Many legal experts find wrongful death cases especially hard to litigate. The plaintiff’s lawyer must determine who was liable for the death and convince the court to rule against the defendant.

The legal team will have to prove that the defendant had a duty of care toward the plaintiff’s loved one and that the victim died from a breach of the duty of care. This can be challenging, but there are ways a skilled attorney can prove liability.

Duty of Care

Duty of care is the responsibility of an entity to act with reasonable care. For example, all drivers have a duty of care toward others on the road. They have a duty to operate vehicles without endangering others. An employer has a duty of care to ensure a safe workplace for their employees. A property owner has a responsibility to ensure the safety of visitors.

One of the first challenges for the legal team representing the plaintiff is to establish the defendant’s duty of care. If the defendant breached such duty, they might be held liable for the death of the victim.

An attorney will be able to accurately pinpoint the liable party in a wrongful death lawsuit, getting you the highest possible compensation for your loss. You must, however, act quickly after the accident. There is a limited time available to file your claim, and the longer you wait, the less chance you will be able to get the evidence you need to prove your case.

Violation of the Duty of Care

Next, you must prove that there was a breach in the duty of care. For example, the driver was texting while driving; the employer knew that the workplace was unsafe and took no steps to mend the situation; the county knew there was a missing stop sign and did not replace it.

It’s not enough to show that the defendant owed a duty of care; you must show that they clearly violated that duty. Your legal team can help gather evidence to support your claim.

The Defendant’s Negligence Caused the Loved One’s Death

You also have to prove that your loved one’s death was a direct result of the defendant’s negligence. This is a tricky part, as the defendant will look for any way to counter your claim.

For instance, if your loved one had a weak heart and fell on a broken floor at work, hit their head, and died, the defendant could argue that it was the person’s weak heart, not the company’s negligence that caused the death.

You will need to be able to prove a clear link between the accident and the death to get compensation for wrongful death.

Damages You Suffered as a Result of the Negligence

You will have to show how the loved one’s death has affected you in a quantifiable way. If you were depending on this person’s income to survive, you can be entitled to compensation for the lost income.

If you had to pay for medical bills before the death, funeral costs, or other ongoing expenses related to the accident, you may be eligible for compensation. You may also be able to recover damages for your emotional losses triggered by the fatal accident.

Accept Legal Help

When it comes to establishing liability in a wrongful death case, proving all of these elements will be challenging. This is where a skilled attorney can help. Your lawyer will be able to examine the facts of the case and make the connections between the incident, the defendant’s duty of care, and the losses you suffered as a result of the breach.

Wrongful death lawyers are specialized in this area of the law. Look for an attorney with experience in closing similar cases to yours. Losing a loved one is a painful event, but with a compassionate legal expert on your side, you can seek justice.

With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.