Prove Your Wrongful Death Lawsuit with Your Attorney
Losing a loved one is heartbreaking, and when their death is caused by another person's negligence, the remaining family members may have the correct file against the accountable party for a wrongful death lawsuit, but the issue becomes how to demonstrate your wrongful death lawsuit. Only a wrongful death attorney can help you here.
Wrongful Death Lawsuit
A wrongful claim of death may be lodged against a person who has caused another person's death by behavior or negligence. If you want to seek compensation, you will have to file for monetary damages as a civil lawsuit. Wrongful death lawsuits can be difficult to manage on their own, which is why you should employ an experienced personal injury attorney to assist with your case.
How Should a Plaintiff Prove It?
It will be up to you and your attorney to demonstrate the multiple aspects of a wrongful death claim before you can recover any damages after you have recruited a wrongful death lawyer to help with your lawsuit.
The tribunal will need to be made aware that another person has lost his life owing to the negligent behavior of the defendant.
The following must be created to demonstrate wrongful death:
Duty of Care: You and your wrongful death attorney will have to demonstrate to the tribunal that the defendant owed the deceased person a duty of care and the other person died because that obligation was neglected.
Breach of Duty of Care: You will also have to demonstrate that the defendant violated the obligation of care due to the deceased, such as failing to comply with certain legislation.
Causation: Besides demonstrating in some manner a breach of obligation, you also must demonstrate that the defendant's negligent activities directly caused the wrongful death.
Wrongful Death Case Parties
The individual bringing a civil lawsuit is called the "claimant." In an unjust death situation, the claimant is typically a close family member bringing the claim on behalf of all the deceased's heirs.
The tribunal often appoints an executor or personal representative of the property if the deceased individual died with a will. In that case, the plaintiff in the lawsuit is usually the executor or personal representative of the estate who, on behalf of the heirs of the deceased, brings the lawsuit again.
The "defendant" is the individual or entity against whom the lawsuit is brought. The lawsuit alleges that the defendant acted deliberately or negligently and was liable for the deceased's premature death.
Proving a Wrongful Death Case
The plaintiff must meet the "burden of proof" in proving each of the above elements. While the laws in each state may describe the burden of proof differently, each state generally requires the plaintiff to prove the elements of negligence by a "preponderance of proof." Some state that juries are instructed to determine if it is "more likely than not" that the defendant caused the deceased's defeat. In a civil case, the burden of proof is much lower than in a criminal case where "beyond reasonable doubt" is the typical standard.
The Burden of Proof is not a measure of the amount of proof presented by the complainant. For instance, just because the plaintiff presents more witnesses at trial than the defendant, that doesn't imply that the plaintiff met the burden of evidence. Rather, the proof is evaluated in terms of quality and credibility. If the complainant fails to fulfill the burden of evidence on any of the negligence components, no damages will be recovered by the complainant.
While many lawsuits are settled through contracts for pre-trial settlement, many instances can only be settled by going to trial. Depending on the state of the situation, a judge or jury will decide whether the complainant has fulfilled the Burden of Proof on the evidence. Most states do not require a unanimous verdict from the jury, but the rules governing the deliberations of the jury vary from state to state.
Contact wrongful death attorney at Martin and Fielding. Justice is one call away.
**Disclaimer: This message creates no client-attorney relationship, nor is intended as expert legal advice.