How to Prove Liability In a Wrongful Death Claim
Losing a loved one can be very traumatizing and can significantly impact a person’s life. The grief and loss coupled with trying to cope with your everyday life are very stress-inducing. These hard times can be further aggravated by the financial stresses that fall on the deceased person’s family. However, if you know how to prove liability in a wrongful death claim, you may be able to secure some financial compensation that could ease your suffering. At The Law Offices of Ernesto Gonzalez , we can help you hire an attorney who can fight your case for you!
Before you hire a wrongful death lawyer, we have compiled some of the things you should be aware of and how we can help you.
What do we mean by a wrongful death claim?
Depending on your jurisdiction and the laws prevailing in your area, the idea behind a wrongful death claim is to assist the victim’s family seek some compensation in an attempt to ease their suffering and hold someone responsible. These compensations come in various shapes and sizes and include anything from making up for the loss of income that the deceased person generated, to cover the cost of a funeral and other responsibilities.
Proving Liability in a wrongful death claim
When it comes to liability in a wrongful death claim, the essential element is to tick mark all the four boxes of legal negligence. With our professional services, our lawyer can help you identify and uncover these four legal elements to make a strong base for your case. Not only will our attorney help you identify and uncover these legal elements, but your wrongful death attorney will also help you prove these points which will make a strong standing in front of the judge.
These four elements include proving that the party against which the claim is being filed was under the responsibility of the victim’s care. A breach of this duty or responsibility makes up for the second element. If the accused party’s action had a direct adverse consequence on the victim and caused the death, they could be held liable. Lastly, the damages suffered from the step mentioned above are the fourth element.
The Four Elements
When we talk about the victim’s care’s responsibility, we refer to the accused party acting carelessly and have their actions been otherwise. The deceased person’s life could have been saved, and the accident would not have happened in the first place. This duty of care is determined by the circumstances regarding the incident and the relationship of the deceased person with the accused party.
Breaching this duty could include not following the traffic signals or ignoring traffic rules that might have resulted in the incident. Before deciding whether the accused party has violated the duty of care or not, the judges and jury members consider how a rational person would have acted under the circumstances before making the final verdict.
Causation refers to the ability to logically prove that the accused party’s action caused the death. The evidence submitted to the court should be able to legally connect the dots in the case and link the accused party to the victim. Lastly, the damages include showing what compensations need to be provided and the amount associated with them.
Contact Us
If you have recently lost someone, contact our lawyer for wrongful death claims to ease your trying times. We can help you win your case and secure the compensation you need and lessen your financial stress. Our years of experience, coupled with our innovative and diverse approach to tackling cases, have made us a success in the field.
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