How Do You Prove a Wrongful Death Claim?
Many people find themselves intimidated by filing a lawsuit. However, this process does not have to be intimidating if you have the right information. Learning about what factors go into proving a wrongful death lawsuit might help you decide whether to pursue one. You can also discuss your situation with an experienced Wilmington wrongful death attorney to figure out what steps to take.
FOUR FACTORS TO PROVE
There are four factors to prove in a wrongful death claim. Before exploring these, it is also important to know when a wrongful death claim can be filed. Family members and financial dependents can file a wrongful death lawsuit if their loved one lost their life due to negligence or harm.
Negligence can mean a careless or reckless action or the failure to act. Common examples of negligence associated with wrongful death include car accidents, workplace accidents, and falls. However, harm can also serve as grounds to sue if the harm was intentional. Assault that causes death, for example, would count.
The four factors that must be proven in a wrongful death case are negligence, damages, a breach of duty, and causation. Proving the negligence factor may involve proving a negligent action, failure to act, or intentional harm. This can be the hardest factor to prove, depending on the circumstances.
Damages like funeral expenses and lost income must also be proven. The party suing must have suffered some type of financial or emotional harm from the wrongful death. This most often involves proving non-economic damages like pain and suffering.
A breach of duty to the deceased loved one will need to be proven. This means the party being held responsible must have had some duty of safety owed to the loved one. Causation needs to be established to tie the negligent or intentional actions to the wrongful death and resulting damages.
COLLECTING EVIDENCE OF WRONGFUL DEATH
Collecting evidence for your case is vital for obtaining compensation for wrongful death damages in your claim. Collecting evidence of the damages you suffered is just as important as finding evidence of causation.
To prove the wrongful death itself, you will need a death certificate. Proving economic damages involves evidence in the form of receipts and bill statements for funeral costs, burial expenses, and medical bills. Negligence or intentional harm might be proven in different ways depending on what happened. One way might be with a police report.
Evidence of non-economic damages like emotional distress comes in the form of witness testimonies. Try contacting a Wilmington wrongful death lawyer to find out about other ways to prove your claim.
WRONGFUL DEATH ATTORNEY IN DELAWARE
You could be eligible for substantial compensation if the loss of your loved one was caused by someone else. Reach out to a Delaware wrongful death lawyer if you have questions about the process of filing a wrongful death claim. All you have to do is contact Edelstein Martin & Nelson today at (302) 295-5050 for a free consultation. Our legal team is prepared to help you increase your chances of significant compensation for your loss. We are located in Wilmington, DE.