No one wants to deal with a wrongful death, but unfortunately, it happens more often than we would like it to. When one of your loved ones passes away due to someone else’s negligence, you have the right to sue. A wrongful death lawyer has one job and that is to help you get the justice you and your loved one deserve. There are a few things you and your lawyer will need to prove in court- duty, breach of duty, causation, and damages.
The first thing you and your wrongful death lawyer will need to prove in court is duty. This step sounds like it could be kind of confusing, but it’s not. The plaintiff will just have to prove that the defendant had a duty of due care. An example of this would be if someone was killed in a car accident because the driver of another car was driving recklessly; the plaintiff could argue that the other driver had the responsibility of driving safe because he or she owned a car. By purchasing and operating a car, the driver automatically assumed the responsibility of being a careful driver. In wrongful death cases, the judge rather than the jury will decide if duty has been proved.
Breach of Duty
Breach of duty goes right along with duty. If duty has been proven, then the plaintiff along with their wrongful death lawyer will just have to prove that the defendant breached the duty. Using the same example as before, all the plaintiff would have to do is to prove that the defendant was driving recklessly or with a great deal of negligence.
When proving causation, the plaintiff and wrongful death lawyer will need to prove that it was the defendant that physically caused the death of the loved one. It had to be their actions and their car that killed the person. In other words, they have to prove that the loved one would still be here if it weren’t for the defendant’s actions. This step can actually be pretty hard to determine in some cases depending on the facts.
The last thing you will need to prove is that your loved one acquired some damages in the accident. Obviously, death is a big damage and will often be enough. You can also take this time to bring up other damages you as a family member will face as a result of the accident like loss of income and emotional distress. A wrongful death lawyer can help you successfully present all the damages your loved one and you face as a result of the accident.
There are so many benefits to hiring a wrongful death lawyer and having them help you prove these steps is one of the many things they can help you with. Contact a wrongful death lawyer at Robert J. DeBry and Associates today for a free compensation.