How to Prove Wrongful Death


Suffering an injury as a result of a tragic accident can be hard to deal with, but suffering the loss of a loved one due to the negligence of others is heartbreaking. After a serious accident, the victim’s surviving family members may not know what to do or how fast they should start taking legal action. Wrongful death claims are complex with various elements that need to be proven and steps that need to be taken. This is why talking to an attorney is the best option in wrongful death cases. To prove the guilt of a defendant in a wrongful death claim, you need to understand the kind of supporting evidence that can prove your case. In the following points, we will explain how you can prove a wrongful death case, so keep reading.

The Key Elements

To prove a wrongful death claim, the plaintiff must prove certain things to win the case and receive the deserved compensation for their loss. In order to bring the negligence and recklessness of the defendant forward, a few breaches and causation need to take place. For starters, it’s obvious that the first element is the occurrence of a person’s death. Then, the plaintiff needs to prove that the death happened as a result of the defendant’s failure to conduct their owed duty to the victim. This duty can refer to a wide range of safety standards and obligations that individuals need to follow. For example, drivers need to drive at a safe speed and comply with traffic laws to maintain road safety. If death occurs as a result of a driver not complying with the general traffic laws, then the driver has breached their duty owed to the victim as per the law. 

Additionally, the surviving family members need to prove that the negligence or failure to conduct owed duty caused the death of their relative. Family members will also need to prove how the death of this person caused them a loss or any form of damage. The damage can be in the form of medical expenses, burial costs, loss of inheritance, income, guidance, or protection. The damage can also be the resulting pain and suffering resulting from the victim’s death.

The Statute of Limitations for Wrongful Death Claims

Every state sets a statute of limitations for the different types of claims filed there. In the case of wrongful death, a statute of limitations is the duration of time during which plaintiffs can file a lawsuit after the death of one of their relatives or loved ones. It varies from one state to the other. For example, in New York, the statute of limitations’ for wrongful death cases is two years. The specialized lawyers at recommend talking to an experienced attorney as soon as possible after the death of a loved one to comply with the New York statute of limitations. Failing to submit a claim or file a wrongful death lawsuit within the allowed duration can lead to the rejection of your claim and the loss of compensation.

Supporting Evidence 

One of the hardest things that face people filing wrongful death claims is proving that the death of their loved one could have been avoided if it wasn’t for the negligence and wrongdoing of the defendant. To prove this, you will need the support of evidence that can prove the defendant’s failure to comply with their owed duty. This evidence can include driving under the influence, medical malpractice, failing to repair unsafe property appliances and machines, and the manufacturing of defective products. Proving this kind of negligence and causation requires gathering evidence, such as photos and documentation of the accident scene.

Police reports and eyewitnesses’ statements can also come in handy when you’re trying to prove the defendant’s causation. Additional evidence may include medical reports, the testimony of experts, and records, video footage, or logs of the accident. 

Wrongful death claims are complicated, and you will definitely need a law expert to talk you through the process. They require extensive knowledge of the state laws in your area, which is why enlisting the services of a personal attorney is essential to understanding all elements that prove the defendant’s fault. They will also help you understand and gather supporting evidence to build, and ultimately, win your case. Moreover, they will help you get the time and space you need to grieve and seek comfort from your close friends and relatives as they handle the legalities of the case for you.

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