Personal Injury law has many parts and it is very important to understand that as an attorney that has a practice that specializes in personal injury they have the knowledge and the understanding how every aspect that is unique about each and every part of the personal injury law. They will be able to go over your specific case to ensure that you understand that you will need to satisfy the four elements that are part of a Wrongful Death Lawsuit.
Your attorney who will be representing you and your loved one in court must be prepared to lay out your case and convince the members of the jury that the actions of the defendant or defendants. The burden of proof lies with you and you alone, so be sure that you are positive in your belief that the defendant is responsible for their death.
The Four elements that must be proven to win your case of a Wrongful Death
It is very important to realize that in order for a person to win their case of a Wrongful Death that must prove that these four elements existed; negligence, breach of duty, causation and damages. If you are unable to convince the jury that all four elements, in fact, did exist regarding the death of your loved one the judge will dismiss the case and you will have lost your case.
Negligence – It is extremely important that you be able to prove that your loved one’s death was due to the behavior of the defendant that was negligent, reckless or careless. You do not necessarily have to prove that it was the whole reason for their death, but it was a contributing factor. That is a very important distinction that could exist.
Breach of Duty – You must be able to prove in some way that the defendant was owed some amount of protection and the failure contributed or caused the death of a person. There are several examples of this and they include a doctor who is performing a surgery or any procedure had the responsibility not to harm their patient. Along the same lines, a person driving their car has the responsibility to adhere to all of the laws and regulations that govern the operation of a motor vehicle. You must be able to prove that they breached that responsibility and that it contributed to the death of the victim.
Causation – It is further your responsibility to prove that the defendant’s negligence was in fact that actual cause of the circumstances that surrounded the death of the victim in your case for Wrongful Death. This is one of the most important aspect any Wrongful Death Lawsuit.
Damages – You must prove that you were financially harmed due to the death of the victim. Will need to be able to show in court how much your actual monetary losses that were incurred due to the victim’s death. These damages include a number of things like; charges for hospitalization, other medical expenses, burial/funeral cost, loss of income and or loss of potential income, loss of protection and pain and suffering that may be experienced prior to their death.
At The JLF Firm, our skilled legal team understands exactly how difficult it can be to manage the claims process after an accident. Our attorneys are dedicated to holding drivers accountable for the injuries they case. We offer all of our new clients a free initial consultation, so reach out today to discuss the details of your case. To set up a time to talk, you can call us at 562-418-6880 or contact us via our online form. We are here and ready to help you recover damages after a vehicular accident injury.
