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Establishing a Strong Wrongful Death Case: Meeting the Burden of Proof

A wrongful death lawsuit lets the surviving family members of the deceased person seek justice and possible compensation when their death resulted from another party’s carelessness or violence. Not all deaths qualify for this type of lawsuit. For survivors to bring a lawsuit in court, the case should meet certain criteria. 

Proving the Elements of a Wrongful Death Case

 If you lost a loved one and want to file a wrongful death lawsuit against the party responsible for their death, you need to prove the following negligence. This means that the death of your loved one should be caused by the defendant’s carelessness, negligence, or recklessness. Also, you need to prove that the defendant owed the deceased a duty of care. For instance, drivers must drive their vehicles safely and follow traffic laws. You should establish the existence of this duty and that the defendant breached this duty by acting negligently. Other elements to prove include causation and damages. You must prove the breach of duty caused your loved one’s passing and that the death will generate quantifiable damages including burial costs, medical expenses, hospitalizations, funeral costs, loss of income, and others. A skilled wrongful death lawyer will collect the necessary evidence to prove these elements to bring a successful wrongful death lawsuit. 

Burden Proof

Because a wrongful death lawsuit is a civil action, the burden proof tends to be lower. To prove this type of case, your attorney can win the case based on the importance of the evidence presented. To prove this case, a lot of steps must be taken, including crafting a good legal strategy, thoroughly investigating the case, working with experts, securing witness testimony, and more. A wrongful death claim can include legal processes such as mediations, demands, and settlements. When both sides agree to settle the claim outside of the courtroom, the case is concluded. But, when negotiations don’t succeed, a lawsuit can be filed in court. 

How Settlements are Paid Out

A wrongful death attorney gets a check from the insurance company of the at-fault party and deducts their fees and gives the rest of the payment to the plaintiff. The plaintiff directly receives this payment. A wrongful death settlement is not subject to income, inheritance, or estate taxes. 

In wrongful death cases, it is important to present credible and quality evidence. Because of this, it is usually best to hire an attorney for the case. A great lawyer will help build a strong wrongful death case around the evidence to demonstrate that the burden of proof has been met. 

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