Wrongful death claims are not as common as other types of personal injury claims. Grief may involve anger that clouds one’s judgment, making it hard to know if you have a valid wrongful death case. To pursue compensation from the guilty party, the following is what you should know to determine if your wrongful death claim is well-founded:
Cause of Death
For you to have a sound wrongful death claim, you must first examine the cause of death. There are several accidents where wrongful deaths typically occur.
Road accidents, workplace incidents, and slip & fall accidents can lead to wrongful death if the other party is at fault for the accident. The use of defective products and acts of violence are also common causes of wrongful death.
One of the most prevalent and justified causes of wrongful death is medical malpractice. If the death of your loved one was caused by any of the above, you may have a reasonable wrongful death claim.
Proving Someone Else Was At Fault
To have a valid wrongful death claim, you and your Utah personal injury attorney must prove that someone else or an institution was at fault for your loved one’s death. Without proving fault, there can be no compensation.
The first type of proof you need is negligence. Negligence shows that an individual or institution acted carelessly, for example, having faulty equipment that led to death.
You can also prove intention, as in violent cases, where the actions leading to death were intentional.
Another type of proof is liability, for example, when death results from using a defective product because the manufacturer ignored safety protocols.
Evidence of Fault
Finally, to have a worthy wrongful death claim, there must be evidence of fault by the guilty party. The death of a loved one is not enough evidence to prove fault.
Courts treat wrongful death cases differently because the defendant must be guilty beyond a reasonable doubt. The only way to do so is to find evidence that the defendant caused your loved one’s death.
Therefore, a lawyer will be essential in a wrongful death case. The lawyer can find audio & video evidence, witness testimonies, medical records, police reports and more to prove guilt.
If you need help with a wrongful death case in Utah, contact a Utah personal injury lawyer immediately.