The Elements That Must Be Proven in a Wrongful Death Lawsuit
Wrongful Death Lawyer
In today’s world, there are a number of dangers that may await us as we go about our day. Accidents may arise that are tragic and result in a death, but in which no person or organization was at-fault. However, there are times when a person passed because of the recklessness or negligence of another. An attorney can help grieving family members seek justice for their loved one’s wrongful death. While lawyers understand that no amount of money can lessen the heartbreak and anguish you feel, they can at least ensure the person at-fault faces legal reprimands for their carelessness.
During a wrongful death lawsuit, there are three common elements that must be proven by the plaintiff in order to win the case:
#1 Duty of Care
The plaintiff has to prove that the defendant had owed the person who passed away a “duty of care”. For example, during a wrongful death lawsuit regarding a car accident, the plaintiff must have evidence that shows the defendant had a responsibility to follow traffic laws and operate the vehicle with diligence.
#2 Breach in Duty of Care
With help from an attorney, the plaintiff has to explain how the defendant breached their duty of care to the person who passed away. To continue the example in the prior paragraph, the plaintiff has to bring forward evidence as to how the driver was being irresponsible by speeding, failing to obey the rules of the road, or running a stoplight, etc.
#3 Causation of Death
Finally, the plaintiff has to show how the breach of duty of care had caused the person to pass away. In the eyes of the court, the plaintiff has to show that the deceased person had likely passed away as a direct result of the defendants recklessness or negligence.
Taking Action Promptly
It can be emotionally agonizing for family members to partake in a lawsuit soon after the passing of their loved one. However, it is important that a wrongful death claim is filed promptly, as there may be a statute of limitations for what happened. Depending on the state, family members may only have a specified period of time to seek justice for the incident. An attorney understands how difficult this time may be for loved ones. What we can do is help lay the foundation for your lawsuit by offering insight, answering questions, and taking care of necessary paperwork.
Due to the sensitive nature of wrongful death lawsuits, is it imperative that you obtain legal representation from an attorney that has worked on cases like these before. Family members of a loved one who passed away because of another’s breach in duty of care, can rely on the strategic and compassionate services of an Charlottesville, VA wrongful death lawyer.
Thanks to MartinWren, P.C. for their insight into personal injury claims and wrongful death.