Proving a wrongful death claim can be a difficult and complicated process because you need to have a strong legal claim and conduct thorough investigations. Negotiating a fair settlement is the hardest part of any claim. Insurance companies will try their best to lower your settlement. This is why it is recommended to hire a lawyer to negotiate with the insurance company. A lawyer can help you obtain fair compensation.
Here are the 5 challenges people face in proving a wrongful death claim:
1. Collecting and Analyzing Evidence
Having enough evidence is crucial if you want to prove a wrongful death claim. The plaintiff must have duty, causation, breach, and damages. You need to understand how the burden of proof works and have the resources and ability to collect and analyze evidence properly.
The victim’s medical reports can help shed light on how the victim died and the circumstances regarding their death. Witness testimonies can also help establish what actually happened.
2. The Wrongful Act
If you want legal liability to apply, you need to prove that the party responsible has committed a wrongful act. Most people base their claims on negligence, stating there was no ordinary care. However, what qualifies in this kind of suit is to show both intentional and reckless conduct.
A wrongful act might be neglect or any other type of wrongdoing. In general, it’s the same type of inaction or action that gives one the grounds to file a personal injury suit.
3. Showing Causation
To prove a wrongful death claim, you need to show that the wrongful act is what actually caused the death of the victim. The plaintiff needs to prove that the death was a direct result of the actions of the defendant. To prove this, you might need to rely on witness testimonies and medical evidence to explain what caused the wrongful act.
4. Proving Damages
To prove damages in a wrongful death claim, you’ll need to explain both the personal and financial situation of the victim’s family. You need to highlight the losses that the defendant(s) have incurred because of the death.
Successful wrongful death claims result in the plaintiff being awarded damages. There’s no set compensation amount you can automatically get. Compensation usually depends on the actual loss incurred by the victim.
5. Determining Liability
Determining liability is one of the hardest aspects of wrongful death claims. In most cases, there could be more than one party liable for the accident. In such cases, the surviving family can sue all parties. But it will be much harder to determine liability. An experienced lawyer can help you in such situations. A lawyer will have the experience necessary to determine the at-fault party in a wrongful death case.
Conclusion
No two wrongful death claims are the same. All of them typically have their own unique facts and circumstances. However, most have some common challenges. If your loved one has died because of an accident, consider contacting a lawyer to learn more about how you can bring a wrongful death claim and be successful. An experienced lawyer will know how to overcome the challenges of a wrongful death claim.
