In order to prove liability for any wrongful death claim, plaintiffs will need to demonstrate several elements.
- Duty of Care: Plaintiffs will need to show that the defendant owed the decedent a duty of care. This may include a driver’s duty to follow traffic regulations. It could also include a property owner’s duty to maintain their premises in a reasonably safe condition for guests.
- Breach of Duty: Plaintiffs will need to demonstrate that the defendant violated their duty of care, either through negligence or through recklessness.
- Causation: Plaintiffs will need to provide evidence that the defendants actions were the actual and proximate cause of their injuries. This could be done by using expert testimony, medical records, and accident reports.
- Damages: Plaintiffs will need to demonstrate that they have suffered damages. This could include lost income, medical expenses, and pain and suffering.
Working with an attorney can help ensure that evidence is properly gathered and presented in a compelling manner in order to maximize the value of any settlement.
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