Many people assume that if an accident results in the fatality of someone directly involved in it, all other participants involved hold civil liability for that person’s death. In fact, the plaintiff bears the burden of proving a named defendant was at fault for specific compensable losses, regardless of whether they are suing over their own injuries or the losses they have sustained due to a loved one’s premature death.
Determining negligence in Prairieville wrongful death claims is often different in practice compared to a standard personal injury claim. Understanding those differences can be key to achieving a favorable result from your unique claim. Here is a brief overview of negligence in legal terms and the evidence you may need to support a wrongful death claim based on this concept. The wrongful death lawyers at Tomeny | Best could explain each aspect in more detail during a private initial meeting.
What Are the Basic Components of Legal Negligence?
According to the legal theory of negligence, someone who injures another person accidentally should be civilly accountable for the financial and personal consequences of their actions, even if they did not do anything prohibited by criminal law. To successfully file a wrongful death lawsuit under this theory, you must prove through a preponderance of evidence that all of the following is true:
- The defendant(s) owed a duty of care to your deceased family member to act responsibly in specific ways under certain circumstances
- The defendant(s) did something negligent, reckless, careless, and/or unlawful that qualified as a breach of their duty of care
- The breach of duty directly caused an accident that would not have otherwise happened
- The accident directly caused your family member’s injuries, which led to their premature death
However, the duty of care one person owes to another depends on the circumstances, as does the kind of action that constitutes a breach of that duty. This makes determining negligence in Prairieville preventable death lawsuits complex.
Important Evidence for Wrongful Death Litigation
Another complicating factor in establishing fault for a wrongful death is that the strength of your arguments in favor of your claim will only be as strong as the evidence you have to support it. First, you will need as much documentation as possible showing that your named defendant(s) had a specific duty of care, that they did something to violate that duty, and that their actions caused a fatal injury.
This may require testimony from eyewitnesses and subject matter experts, security or dashboard camera footage, accident scene photos, comprehensive medical records, and more. This makes support from knowledgeable legal counsel essential for establishing negligence after a fatal accident and in every other aspect of a Prairieville wrongful death claim.
Learn More From a Prairieville Attorney About Establishing Negligence in Preventable Death Claims
You have the right to seek civil compensation for past and future losses resulting from your loved one’s premature death caused by an accident that was not your fault. However, defendants have the right to be presumed not liable for damages unless you can prove otherwise to the satisfaction of a civil court.
The capable and compassionate attorneys at Tomeny | Best could support you in determining negligence in Prairieville wrongful death claims. Call today for a consultation.
