There is no other pain quite like the pain of losing a loved one, especially due to the fault of another party. You might be angered to know that your loved one could have been alive only if the other party had been responsible. While nothing can compensate for the emotional and mental suffering of someone’s death, filing a wrongful death claim can provide a sense of justice.
If you have decided to bring a wrongful death claim, you may want to hire an attorney. Proving a wrongful death claim can be complicated and requires tons of preparation. If you have additional questions about personal injury, speak to a legal expert immediately.
Elements of negligence
The best way to increase your chances of recovering a high compensation and winning your wrongful death lawsuit is by proving the four elements of negligence. These elements are extremely important because the court will not award damages without them. They can be proved using several types of evidence, including medical records, photos, videos, surveillance camera footage, witness statements, etc.
Here are the four elements of negligence:
- Duty of care: If your loved one was injured in an accident caused by another party, you must show evidence that the said party owed a duty of care to the deceased. For example, if they died in a car accident, you need to prove that the defendant acted recklessly, which resulted in an accident and hence, their death.
- Breach of duty of care: Next, you must prove that the defendant did not fulfill his duty of care and committed a breach of their duty.
- Causation: The mere act of a breach of duty is not enough to cause an accident. You must prove that the accident occurred because the defendant failed to fulfill their duties owed to the deceased.
- Damages: The death of the victim must have resulted in damages, such as medical bills, lost wages, mental suffering, etc., in order to pursue a successful lawsuit. You may not receive damages if the victim’s death has not affected you.
Hire a lawyer to strengthen your case
Perhaps the best thing you can do to increase your chances of winning a wrongful death lawsuit is to hire an attorney. When you have lost a loved one, you need to ensure you get every dollar you deserve. A lawyer can gather information from the autopsy, police reports, or witness testimony to help put together a strong case.
