Monday, September 21, 2015

Wrongful Death Claims: Things to Prove in Court

Have you lost a loved one and now find yourself wondering about how to file a wrongful death suit? Here are the things that the courts will require you to prove for your case to succeed.

There was a duty of care

Duty of care is a term used to refer to a specific standard of care required during the operation of equipment or the execution of a task. In other words, you’ll have to show that the other individual had a responsibility to act carefully and responsibly. As an example, an equipment operator is required to practice safe operating techniques. That’s a duty of care required of the operator.

The duty of care was breached

Once you can show that the responsible party had a duty of care, you’ll have to show that the duty was violated. This means showing that the responsible person acted in a negligent or irresponsible manner, directly causing the incident that resulted in your loved one’s death.

The death was a direct result of the breach

It isn’t enough to show that the other party was negligent. You also have to prove, through medical records and doctor’s statements, that the actions of the other individual were the direct cause of your loved one’s death. If there is any other explanation for the death, the courts may dismiss your claim.

Your best chance of a successful claim is to work with an experienced wrongful death attorney.

No comments:

Post a Comment