How to Prove Fault in a Wrongful Death Claim?

 

When a loved one dies due to the negligence of another person or entity, it can be understandably painful. Moreover, you may be looking for help with recovery, medical, and funeral costs after such an unexpected event. Tragically, the death of a loved one is something you never recover from, no matter how much time passes. However, you and your family can acquire financial compensation with the help of a dedicated wrongful death lawyer Beverly Hills.

 

Negligence in a Wrongful Death Claim

In both a negligence lawsuit and a wrongful death case, the plaintiff must prove that the defendant owed the plaintiff a duty of care, that he breached his duty, that the breach was the cause-in-fact of the injury, and that the plaintiff suffered actual loss or damage as a result of the defendant's negligence. While a wrongful death case is an entirely separate legal action from a negligence case, it still has many similarities in its legal requirements.

Proving Duty

For a defendant to be held liable for negligence, the defendant must have owed the deceased a duty of care. The standard of care expected varies based on the circumstances of each case, but it essentially means obeying laws, using proper equipment, or otherwise taking reasonable precautions to prevent injury to someone else. It’s best to have a seasoned wrongful death lawyer Beverly Hills on your side in these cases.

Proving Breach of the Duty

After determining a duty exists, the plaintiff must present additional evidence that the defendant breached the duty. For instance, the plaintiff might demonstrate that the victim was struck while crossing an intersection when the lights were in their favor. In this case, the driver failed to pay attention to the road, leading to a breach of their duty of due care. The plaintiff bears the burden of proving what occurred, and the jury must decide whether it was more likely than not that the defendant violated due care by being distracted.

Proving Causation

The plaintiff must then prove a connection between the defendant's actions and the deceased. If a third party struck the plaintiff in another car before the defendant was involved, it is unlikely that the jury will find that the defendant's fault caused or contributed to the loss of life. The plaintiff must prove that the defendant's actions were the sole cause of the deceased's death.

Proving Damages

To recover damages in a wrongful death case, the plaintiff must prove that the defendant's negligence breached its duty to the deceased and that such breach of duty actually caused the death. If these two elements are satisfied, the court will presume that damages were suffered as obviously, the injured person was killed.

Seek Help from a Skilled Wrongful Death Attorney Beverly Hills

After a loved one has passed, you may be focused on grieving and trying to sort out your life. Grieving is a process, and there is no right or wrong way to grieve. You need an experienced wrongful death attorney Beverly Hills on your side who understand this. Our law firm has been helping families who have wrongfully lost a loved one for over 40 years. We take pride in protecting your legal rights and achieving justice for you. Call us at 1-844-999-5342 for a free case review.