The loss of a family member due to the negligent actions of an individual or organization is a devastating experience. Understandably, many people in this situation seek out a wrongful death lawyer to know what options are available to them. However, many others never contact an attorney as they don’t believe it would be possible to prove the claim. Joe Lucé is a McKinney-based attorney and will help clients understand the key factors in proving wrongful death claims.
What Is Required for an Attorney to Prove a Wrongful Death Claim?
Wrongful death lawsuits can be complicated, but a lawyer will review the evidence surrounding the passing of the loved one and advise on the likelihood of success. The evidence threshold required for a civil case is different than for in a criminal trial. It will be necessary to prove some of the following factors.
Negligence
To pursue the wrongful death case, an attorney will need to prove that negligence, carelessness or recklessness caused the death. A case could involve an individual or organization, and in some instances there may be multiple parties at fault.
Breach of Duty
Proving breach of duty requires an attorney to show that the person considered responsible for the death had a responsibility to the deceased person. While this could involve an employer who put an employee at risk, it can also apply to a driver’s careless actions on the road.
Causation
To understand exactly what a wrongful death claim is, know that causation is at the core. It requires an attorney to prove how the careless or negligent actions of the defendant directly caused the death of the individual.
Damages
Proving a wrongful death in court requires an attorney to show that quantifiable, measurable damage is resulting from the loss of the loved one. Such costs can include funeral expenses, medical bills, loss of income and future earnings, loss of inheritance, pain and suffering and so on.
Intent
While the intent is not necessary to prove a wrongful death claim, it is a factor to consider. Many people assume that the defendant needs to have maliciously caused the death of the individual for a case to proceed. However, as many deaths are caused by lack of caution or care, malicious intent is not a requirement.
What Are Some Common Examples of Wrongful Death Claims?
Common examples of wrongful death claims include auto accidents, defective products, workplace accidents, slip and fall incidents, train accidents, attacks by others, attacks by dogs/animals, explosions, construction accidents, etc.
In many cases your attorney will have multiple areas of focus, such as practicing as a workplace injury lawyer, and also cover various personal injury and wrongful death cases.
McKinney Attorney for Wrongful Death Claims
If you need assistance with a wrongful death claim, Joe Lucé is here to help. Our attorneys will guide you through the process required to secure damages for your loss. To make an appointment, call (972) 632-1300 or request help online.
