Proving Liability In A Case of Wrongful Death
Fatal motor vehicle collisions, deaths resulting from medical malpractice, and even fatalities stemming from product failure are, unfortunately, not a rarity. Losing a loved one through such a tragic event is horrible and unfair, especially if somebody else's recklessness or negligence is the underlying cause of death.
No money in the world can bring back your loved one, but a wrongful death lawsuit might still be a necessity. Medical bills, grief counseling, funeral expenses – all of this can throw an already struggling family into debt. In addition to the compensation such a lawsuit can bring, it can also give you answers as to how and why this happened. And to ease the burden of all the legal matters surrounding lawsuits, you can hire a lawyer to take care of the paperwork and protect your rights every step of the way.
Building A Successful Wrongful Death Case
The plaintiff, who is one of the bereaved and filed the lawsuit with the help of injury lawyer in Maple Ridge, will need to gather evidence in order to prove the following and build a successful case:
1. The Existence of a Duty of Care: the defendant must have owed a duty of care to the deceased, whether that be to the deceased specifically or a group the deceased was a part of
2. A Breach of that Duty of Care: the defendant must have breached that duty of care with their actions or behavior
3. Cause of Death: the defendant's breach of duty of care must have led to the wrongful death of the deceased
Each of these points needs to be proven if the case goes to court, as is the norm for most wrongful death claims. Prior out of court settlements through negotiation between the attorneys are rare. Once it has been decided that a case goes to court, the plaintiff is met with the burden of proof. As a result, they will need to prove the above and convince the jury that the deceased was more likely than not killed by the defendant's breach of duty of care, and thus, their negligence.
Damages Resulting from Wrongful Death Lawsuits
There are many aspects to consider before you file for a claim. As the bereaved party, you can claim for economic and non-economic damages. Economic damages encase income losses, financial support, and other financial losses resulting from the loss of the deceased loved one. Thus, when you discuss the case with a lawyer, you will be required to give our all the details so that there are no loopholes that the other lawyer can find and use it against you. Non-economic damages include emotional losses, like loss of love, support, and companionship, as well as damages paid for their pain and suffering.