How do you prove fault in a wrongful death claim?

How do you prove fault in a wrongful death claim?

On Behalf of | Apr 12, 2022 | Personal Injury |

If you lost a loved one due to another person’s negligence, you can file a wrongful death lawsuit against the responsible party and recover compensation. While no amount of money will bring back your loved one, compensation will help you adjust to the loss.

Proving fault is perhaps the most crucial part of your wrongful death claim since it will help ascertain that the defendant’s negligence led to the death of your loved one. So, how exactly do you prove this? Here is what you need to ask yourself.

Did they owe your loved one a duty of care?

You should first establish that the defendant owed your loved one a reasonable duty of care against foreseeable harm. For instance, drivers owe other road users a duty of care whenever they are on the road. It means that they must act reasonably to ensure the safety of fellow motorists and pedestrians.

Did they breach that duty of care?

If the defendant breached the duty of care they owed your loved one, which caused their death, it is considered an act of negligence, and they could be held liable.

In the example above, a driver who caused an accident because they were speeding or drunk has breached the duty of care to other road users. As a result, they may be held responsible for any deaths or other damages arising from the accident.

In a wrongful death claim, it is up to you to prove that the other party’s negligence led to the death of your loved one. Handling a wrongful death claim can get complicated, and it is advisable to seek help if necessary. It will help you avoid any mishaps that could hurt your chances of getting justice for the wrongful death of your loved one.