Proving Wrongful Death

Most wrongful death cases require thorough investigation. Even if you believe the case is clear-cut, you still need to collect sound evidence to prove how the at-fault party caused the fatal accident. 

Examples of reliable evidence in a wrongful death case include:

• Witness statements
• Medical and accident reconstructionist evaluations
• Photos or video footage from the accident scene
• Police reports
• Workplace incident reports

To recover compensation in a wrongful death suit, the decedent’s family or representative must prove that another party’s negligence caused or contributed to their loved one’s passing. Without evidence to support the claim, the at-fault party or insurance provider can deny liability to avoid making a settlement.

In a wrongful death case, there are four critical components that you must prove to secure a financial recovery. If you can demonstrate these four elements of negligence, you can secure a financial recovery for your loved one’s passing.

Duty of Care

To establish negligence, you must prove that the at-fault party owed your loved one a duty of care. The duty refers to a person’s obligation to act within reason and prevent causing unnecessary harm to others.

For example, property owners have a duty of care to provide reasonably safe premises to visitors. They must take action to maintain the property and keep it free of hazardous conditions. Likewise, motor vehicle drivers have a duty of care to obey traffic laws and operate their vehicles in a reasonably safe manner while on the road.

A qualified lawyer can determine whether the at-fault party owed your loved one a duty of care.

Breach of Duty

Once you establish a duty of care, you must show how the other party violated that obligation. A wrongful death lawyer can investigate your accident and collect evidence to demonstrate how the negligent party violated their duty of care to cause your loved one’s death.

For example, suppose a property owner knows about a dangerous condition on their property but fails to make the area safe or alert others of the danger. If your loved one suffers a fatal accident due to the hazardous condition, the property owner can be held accountable.

In another example, imagine a driver texting while driving at the time of an accident. Driving while distracted is negligent behavior, and it constitutes a breach of duty of care. 

Causation

Next, you need to establish that the other party’s actions or inaction caused your loved one’s passing. For instance, if your loved one died in a car accident, you must prove that the death resulted from the collision, not pre-existing conditions.

Imagine your loved one tripped on a broken sidewalk, suffered a traumatic brain injury, and died. You can claim that the death resulted from the property owner’s negligence. However, if your loved one suffered a heart attack immediately before the fall, the at-fault party can argue that the death was due to heart failure, not the damaged sidewalk.

Establishing causation is one of the hardest steps in proving wrongful death. Insurance adjusters will use anything they can to prove that the accident did not result in the death and avoid making a payout. But experienced injury attorneys know this, and they take action to affirm that the accident was the reason for your loved one’s fatality.

Economic and Non-Economic Damages

Finally, you must prove that you incurred damages because of your loved one’s passing. You can do this by presenting evidence demonstrating the loss of economic support that you and your family endured due to the death. You are also entitled to compensation for any expenses associated with your loved one’s funeral service and final medical bills.

Additionally, you may be entitled to recover for non-economic damages that you and your family sustained due to the loss of your loved one. Non-economic damages in a wrongful death suit include pain and suffering, loss of consortium, and loss of parental guidance or spousal support.