If your loved one was a wrongful death victim, their family may be entitled to compensation. However, proving this claim can be complex and isn’t something you want to attempt alone. Since wrongful death actions are civil rather than criminal, the standard of proof is by most of the evidence rather than clear and convincing evidence. The elements that you need to prove include the following:
Duty of Care
Proving wrongful death in your case starts with showing the defendant owed a duty to your loved one. For example, doctors are responsible for practicing medicine responsibly, property owners must keep their premises reasonably safe, and product manufacturers must test and design reasonably safe products. You must then show the defendant breached this duty and that this breach caused your loved one’s injury or death. An Austin wrongful death lawyer can use evidence such as medical records, autopsy reports, and witness testimony to demonstrate this element of the claim.
You must also prove damages. While no money can replace your loved one, injuries can help you pay for funeral costs, lost income, and other expenses related to the death. You may be able to receive non-economic damages for intangible losses such as loss of love, affection, and companionship or loss of guidance and instruction. Your lawyer can help you compile documentation to support your losses and a fair value for them.
Causation
In wrongful death cases, the plaintiff must show that the defendant’s conduct or inaction directly caused their loved one’s death. For instance, if someone runs a red light and crashes into your family car, that person’s actions directly cause your loved one’s death. The death certificate and, if available, the autopsy report are essential evidence that can help establish how your loved one died. In addition, getting the contact information of anyone who witnessed your loved one’s injuries or death is a good idea and might provide useful testimony.
Establishing causation can be challenging, especially when insurance companies try to avoid paying a claim. An experienced wrongful death lawyer from https://batricelawfirm.com/ will use various tools to gather evidence and uncover a fault, including forensic testing, hiring experts, and interviewing witnesses. They are skilled at estimating damages and can aid in your quest for financial compensation for your losses.
Breach of Duty
It involves proving that the defendant owed your loved one a legal duty of care and breached that duty. A jury determines the standard of care by defining what an ordinary person in identical circumstances would have done. There are numerous ways to violate an obligation. For example, drivers who run through a red light may have breached their obligation to pay attention to traffic signals. Or, a doctor who performs surgery without proper care could be guilty of medical malpractice. In most situations, your attorney will be able to demonstrate that the defendant violated their duty and that this violation led to your loved one’s death. But, the other part of the equation—proving damages—can be more difficult. Damages are a combination of past, present, and future losses. These can include unpaid medical bills, funeral expenses, and the value of your loved one’s life to you and your family. Your wrongful death lawyer will present these damages as evidence in court.
Damages
A guilty criminal defendant might go to jail, but a plaintiff in a wrongful death lawsuit is seeking compensation, called damages. The size of a jury or settlement judgment will depend on the particulars of each case as well as the regulations of your state. The plaintiffs in a wrongful death case must prove that they suffered losses, including economic and non-economic damages. Examples of monetary damages include lost income, funeral expenses, out-of-pocket medical bills, and a loss of companionship. Non-economic damages consist of a loss of love, affection, mental suffering, and loss of consortium. Proving these damages may require a lot of evidence, including documents like pay stubs and tax returns and the help of expert witnesses who can testify on your behalf. Recording your account of the incident is also a good idea. It can be helpful when explaining it to your lawyer and the jury.
