5 steps for proving a wrongful death claim
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5 steps for proving a wrongful death claim

On Behalf of | Jan 23, 2024 | Wrongful Death

Millions of people in the United States experience the loss of someone they love every day.

Losing a loved one is an emotionally challenging experience, and when it happens due to someone else’s negligence, it can be even more devastating. If you believe that your loved one’s death was wrongful, it is important to understand the steps involved in proving a wrongful death claim.

1. Establish duty of care

The first step in proving a wrongful death claim is to establish that the responsible party had a duty of care toward the deceased. Duty of care refers to the legal obligation to avoid causing harm. Gather evidence that demonstrates the relationship between the deceased and the party at fault, emphasizing the duty of care owed.

2. Demonstrate breach of duty

The next step is to prove that the responsible party breached this duty. Provide concrete evidence that shows how the actions or negligence of the other party deviated from the standard of care expected in a similar situation.

3. Establish causation

Causation is an important element in proving wrongful death. Connect the breach of duty directly to the death of your loved one by presenting evidence that establishes a clear cause-and-effect relationship. This step involves demonstrating that the actions of the responsible party directly led to the fatal outcome.

4. Document damages

To strengthen your case, thoroughly document the damages suffered as a result of the wrongful death. This includes both economic and non-economic losses, such as medical bills, funeral expenses, loss of financial support and emotional pain and suffering. Compile all relevant records and receipts.

5. Gather witness testimonies

Eyewitness accounts can provide valuable support for your wrongful death claim. Identify and interview individuals who witnessed the incident or were aware of the circumstances leading up to the death. Their testimonies can offer additional perspectives and strengthen your case.

By diligently following these steps and presenting a compelling case, you can increase the likelihood of proving a wrongful death claim. While the process may be challenging, it is an important step toward seeking justice for your loved one.