When someone dies as a result of the wrongful actions or negligence of another person or company, their family may be able to file a wrongful death claim.
This type of lawsuit is filed in order to recover damages for the loss of the loved one.
In order to prove fault in a wrongful death claim, there are certain things that you will need to do.
Explore The Law
You have to first know the laws in your state in order to see if you even have a case.
Many people living around Providence tend to consult a Rhode Island wrongful death lawyer in these cases as it's the best way to determine if they can even file a claim.
This helps you have everything you don't understand straighten out.
The law varies from state to state, but there are typically some ways to prove fault in a wrongful death claim.
For one, you can show that the defendant had a duty to the deceased, which was breached, and that this breach led to the death.
Another way is to demonstrate that the defendant engaged in negligence, which resulted in the death.
Prove There Was Negligence
Once you know you have a case, you need to prove there was negligence.
To do this, you will need to investigate the circumstances surrounding the death and identify any possible negligent parties.
You will also need to gather evidence that proves the negligence led to the death. This can be difficult, so it is important to work with an experienced wrongful death attorney who can help you build a strong case.
For example, if your loved one was killed in a car accident, you will need to prove that the other driver was at fault.
To do this, you will need to obtain police reports, eyewitness statements, and expert testimony.
If the other driver was speeding, driving under the influence, or texting while driving, this will help prove negligence.
There can be several parties liable in a wrongful death case. These are the following:
- The individual who caused the death
- The employer of the individual who caused the death
- The manufacturer or designer of a defective product that contributed to the death
- The owner of premises where an accident causing death occurred due to negligence
After you have identified all possible liable parties, your wrongful death attorney will investigate each one. This will involve determining if there was any negligence on their part that led to the death. To do this, they will look at things like:
- Did they act in accordance with industry standards?
- Were they aware of any dangers and did they take steps to address them?
- Did they fail to warn others of potential risks?
Argue The Breach Of Duty
It's essential that you explain how the defendant breached their duty of care.
You'll need to show that they didn't uphold the standards that a reasonable person would've in the same situation.
For example, if you're arguing that a doctor was negligent, you'll need to show how they fell short of providing adequate medical care.
To do this, you'll likely need expert testimony.
An experienced wrongful death attorney will know how to find the right experts and present their testimony in a way that's persuasive to a judge or jury.
Get Legal Help
A skilled attorney can help you a lot in this process. They will know how to investigate the accident, gather evidence, and deal with insurance companies.
Oftentimes, these cases are complex and require a lot of work. An experienced attorney will be familiar with the law and have the resources to help you get the best possible outcome.
If you have lost a loved one in an accident, contact an experienced wrongful death attorney today.
They can help you navigate this difficult time and get the justice your family deserves.
File The Claim
Finally, once you have everything in order along with a skilled lawyer in your corner, it's time to file the claim.
Filing a claim is the first legal step in taking action and starting to receive compensation. It's important to be as detailed as possible when filing, include all evidence, and state your case succinctly.
Doing so will increase your chances of success and help you get the justice you deserve.
These lawsuits can be difficult, but with the right help and evidence, you can prove fault and get the closure and compensation you need to move on.
If you have lost a loved one due to someone else's negligence, don't hesitate to reach out for help. filing a claim is the best way to get started.
Wrongful death can be very damaging to everyone involved, especially the people close to the victim, which is why you immediately should explore the law to see if you have a case.
Prove there was negligence and then determine liability.
Argue how the duty was breached and then hire a lawyer to help you build a case. Finally, it's time to file a lawsuit so that you get compensated accordingly!