Unfortunately, personal injuries have become a common occurrence. Such is the case with wrongful death cases. Wrongful Death cases can be one of the most complicated legal cases. Such cases require proof and evidence that could change depending on if the victim is alive. If victims are alive, they will be needed to prove multiple elements.
However, one can contact a louisville personal injury attorney to ensure their Wrongful Death case is handled with precision and professionalism. The family members of the victim of Wrongful Death will be required to meet the criteria if they plan to apply for a claim. The victim’s family must be able to prove the factors below to claim the wrongful death claim successfully:
- Negligence
A wrongful death case will require one to prove the death of a victim. One can prove this factor by establishing proof of the defendant’s careless, negligent, or reckless actions on the victim’s part. Proving negligence is one of the prime elements in a Wrongful Death case.
- Breach of duty
For a Wrongful Death Claim to be successful, the victim’s family must prove that it was the defendant’s duty to ensure safety for both ends. The plaintiff should be able to establish how the defendant’s duty existed.
For instance, motorists have to drive safely and follow various traffic laws. If they neglect their duty and someone gets hurt, it could be a potential wrongful death claim. Similarly, doctors and providers must maintain their patient’s health.
- Damages
Each wrongful death case will mandate the plaintiff to prove damages. Such damages can be generated from hospitalizations, medical expenses, burial costs, loss of income, funeral costs, loss of inheritance, and the victim’s pain and suffering before death.
The plaintiff must prove such points by producing strong evidence from such damages. In some cases, the plaintiff will be required to provide testimonials of witnesses. It would be best if the plaintiff contacted a personal injury attorney in Louisville to prove damages.
- Causation
Apart from the defendant’s negligence or reckless actions, the plaintiff will be required to prove the cause of the victim’s death. Such a factor can be established by verifying how the defendant’s actions affected the victim and caused injuries or death to the victim.
- Burden of proof
The burden of proof in a Wrongful Death Claim is lower since it is a civil action case. The wrongful death claim may be won based on the significance of evidence. Evidence can be presented in court without adhering to the standards of criminal cases. The plaintiff should contact an attorney to help them understand the burden of proof and handling the legal case.