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What does it take to prove wrongful death?

| Nov 15, 2016 | Wrongful Death |

Wrongful death can be the result of a variety of situations. Some cases involve willful acts, and others are an accident that results from negligence.

Cases involving wrongful death can be hard to prove. There are clear requirements for a situation to be classified as wrongful death, and knowing what those are can help you if you find yourself in this terrible situation.

When we say wrongful death can be the result of a variety of situations, we mean it. Some common wrongful death cases include:

  • Automobile accidents
  • Medical malpractice
  • Criminal acts
  • Product liability
  • Work accidents

Any of these accidents could result in a death, which means you could have a case to recover losses due to the death of your loved one. What needs to be done to prove your case?

A death must occur

This may sound obvious, but in order to bring a wrongful death claim, a death must have occurred. You cannot sue someone for wrongful death for putting your life in danger.

Negligence

Negligence is the biggest factor in determining wrongful death. This can be easier to prove if, for example, there was intent to harm.

However, many cases involve accidents. As another example, medical malpractice is hard to prove because you must show there was negligence. The other side will fight the charges, saying there was nothing more to be done. It’s up to you and your attorney to prove that the other party was responsible for the death.

The death affects the family

The death of a loved one is devastating. It goes without saying that you will be experiencing pain. From a legal standpoint, the case must show how the death affects the family and the financial burden it will bring.

There is no way to truly recover your losses in a wrongful death case. Nothing will bring your loved one back. However, there are legal ways to help with the pain and suffering and financial hardship.

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