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How To Prove Wrongful Death

No one expects to outlive their loved ones, so it’s understandable that the pain can be unbearable when a wrongful death occurs. How do you cope with the knowledge that someone's careless actions resulted in your family member's death? It may seem impossible, but you can get justice by filing a wrongful death claim. This blog will discuss what wrongful death is and how to prove a third party was responsible. We will also outline the damages you may be able to recover in a successful claim.

What Is a Wrongful Death Lawsuit?

Wrongful death occurs when a person dies due to the negligence or misconduct of another. To prove wrongful death, you must show the defendant owed your relative a duty of care, breached that duty, and caused the death as a result.

For example, if your spouse was killed in a car accident caused by a drunk driver, you would need to show the driver had a duty to drive safely, breached that duty by driving while intoxicated, and caused the death of your spouse.

In order to prove the passing of another was unlawful, you must provide evidence of certain legal elements.

Negligence

To prove negligence, you will need to gather evidence such as police reports, witness statements, medical records, and other documentation supporting your claim. It is essential to have an experienced wrongful death attorney on your side. They will be able to help you navigate the legal system and build a strong case. They will review the details of what occurred and help you seek the justice and compensation you deserve.

The survivors of a person who has died due to negligence can file a civil claim to recover damages. To prove negligence, the claimant must show the defendant owed the deceased a duty of care, breached that duty, and the breach was the cause of death. The claimant must also show they have suffered damages due to the death.

Gather Evidence

To win a wrongful death claim, you must be able to prove the other party was careless (also known as breaching their duty of care) and their carelessness resulted in your loved one's death.

To do this, you will need to gather evidence, such as medical records and witness testimonials. You will also need to prove your loved one's death has impacted you and your family financially. For example, if your spouse died, you may be able to recover damages for the loss of their income.

How To Have a Successful Wrongful Death Claim

In a successful wrongful death claim, you may be able to recover damages such as medical expenses, funeral and burial costs, lost wages and benefits, pain and suffering, and loss of companionship. No amount of money can ever replace your loved one, but pursuing a wrongful death claim can help you hold the responsible party accountable for their actions. To get the best possible outcome for your case, it's essential to have sufficient evidence to meet the required burden of proof.

Contact a Wrongful Death Attorney In Jacksonville

Law Offices of Fred Tromberg has over 80 years of collective experience representing those who have suffered the loss of a loved one caused by wrongful death. If you have lost a loved one due to someone else's negligence or misconduct, it's vital to contact us today at (904) 297-2063; we can assist in reviewing our case and help you seek the justice you deserve.

Law Offices of Fred Tromberg is here to help. If you have suffered the loss of a loved one caused by wrongful death, contact us today at (904) 297-2063 to schedule a free case consultation.