How to Prove Liability in a Wrongful Death Claim?

Prove liability in a wrongful death claim by showing a liable party’s negligent acts caused a person’s death and the four elements of negligence (duty of care, breach of duty, causation, and damages).

How to Use the Elements of Negligence to Prove Liability in a Wrongful Death Claim

Use the elements of negligence to illustrate how a party’s actions were careless or reckless, led to a person’s death, and resulted in pain and suffering, burial and funeral costs, and other damages.

The elements of negligence to highlight in your argument are:

Duty of Care

A duty of care is a legal obligation to avoid any acts that could harm others or do acts that could prvent harms to others. This duty is violated when a party commits an act of negligence, carelessness, or recklessness which could cause a wrongful death.

Breach of Duty of Care

A duty of care is breached when a party chooses to do something that puts others in danger. Since this party acts negligently, carelessly, or recklessly they can be liable for a wrongful death.

Causation

To prove liability in a wrongful death claim, you will have to show that a party’s actions led to harm. Witness statements, police reports, and other evidence can illustrate causation.

Damages

You will have to prove that a liable party’s breach of their duty of care led to a wrongful death and that you are dealing with tangible or intangible losses as a result.

There are times when a deceased person (decedent) can be partly responsible for their death. At these times, you could be subject to a state’s comparative negligence rules.

Evidence to Prove Liability in a Wrongful Death Claim

Accident reports, witness testimony, medical records, financial records, and other evidence are critical to prove liability in a wrongful death claim.

Your evidence can make it clear that a party was negligent and should have to cover the losses relating to a wrongful death. It could also help you secure a fair insurance settlement.

Steps to Take to Prove Liability in a Wrongful Death Claim

Use the steps below to prove liability in your wrongful death claim:

1. Hire a lawyer with relevant wrongful death case experience. For example, a Nashville wrongful death lawyer can collect evidence, file your claim, and help you get money for your losses.
2. Work with your attorney to craft an argument centered on negligence. Together, you and your lawyer can investigate a wrongful death and develop an argument that shows how a party is liable.
3. Account for how a liable party will contest your argument. Look at the evidence that this party may use to support their case. Then, you and your attorney can prepare your argument accordingly.
4. Document your losses relating to your wrongful death. Your lawyer may advise you to ask for economic and non-economic damages. They want your argument to highlight why damages are warranted.
5. File your wrongful death claim in alignment with state law. If you do not submit your claim promptly, you could miss the deadline for doing so and be ineligible to get compensation.
6. Remain in constant contact with your lawyer throughout the claims process. If a liable party or their insurance reaches out to you, notify your auto accident attorney in Nashville, and they can discuss your case on your behalf.

If your claim cannot be settled directly with the insurance carrier for the person responsible for the wrongful death, then at that point, you and your personal injury attorney can file a lawsuit in order to present your case to a judge or jury.