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The Role Negligence Plays in Wrongful Death Cases

When it comes to wrongful deaths, they are oftentimes confused with “accidental deaths,” however, there is a major difference between the two. To better understand what a wrongful death is, people have to understand the major factor that decides whether the passing of an individual was accidental or wrongful; this factor is negligence. Negligence plays a huge role in determining whether a death was accidental or not. If a wrongful death attorney wants to prove that an individual was a victim of a wrongful death, they must be able to prove negligence.

This is not always an easy task, however,  wrongful death attorneys know what it takes to prove negligence. Here is how negligence plays a role in wrongful death cases and what needs to be proven to ensure the victim’s party gets the compensation they deserve.

Proving Negligence Through Scene Investigation 

In order to prove negligence, a wrongful death attorney must be able to prove that the victim’s death was caused by the other party’s recklessness. The best way to prove this is for the wrongful death attorney to investigate the scene and document any evidence that points toward reckless behavior or failure to provide proper care for the victim in the event that that wrongful death happened in a hospital.

Your wrongful death attorney will investigate the scene thoroughly, making sure that no stone goes unturned.

Different Kinds of Negligence

There are various ways in which negligence can be determined in a wrongful death case. In an auto accident, wrongful death can occur if the responsible party was driving recklessly, disobeying traffic laws or driving under the influence. If the victim passed immediately at the scene of the accident and reckless behavior or negligence can be proven, a wrongful death attorney can begin building a claim.

In the event that the victim passed due to a medical malpractice or improper aftercare from a medical facility, the wrongful death attorney must be able to prove that the medical professional failed to provide proper care to the patient, or that the victim passed due to a botched medical procedure. In this case, the victim’s close family can sue the doctor if they were solely responsible for the death or the hospital if the facility failed to provide proper care after a procedure.

Negligence plays a huge role in wrongful death cases, and if you can’t prove that the death of a loved one was caused by the other party’s negligence, you could be left in financial ruin and miss out on the compensation that you and your family deserve. If you’ve recently lost someone dude to someone else’s negligence, don’t hesitate to contact a wrongful death attorney at Robert J. DeBry and Associates. We will work hard on getting you the compensation that you deserve so that you and your family can focus on moving on.

By |2019-06-25T17:39:45-06:00October 20th, 2018|Uncategorized|Comments Off on The Role Negligence Plays in Wrongful Death Cases

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