What is wrongful death? This is a legal term that refers to a situation where someone dies due to the negligence or recklessness of another person. If you have lost a loved one in this way, you may be wondering what you need to do in order to hold the responsible party accountable. In this blog post, we will discuss some of the things that must be proven in a wrongful death case. We will also talk about how a wrongful death attorney can help you during this difficult time.
Why Do You Need a Wrongful Death Attorney?
The first thing you need to understand is that wrongful death cases are very complex. There is a lot of paperwork that needs to be filed and there are many deadlines that must be met. If you try to handle everything on your own, it is very easy to make a mistake that could cost you the case. A wrongful death attorney will know how to navigate the legal system and will make sure that all of the necessary paperwork is filed on time. A wrongful death attorney in Durham can help you build a strong case so that you have the best chance of getting the compensation you deserve. Of course that there is no compensation that can truly make up for the loss of a loved one, but it can help to ease the financial burden that has been placed on your family.
These Things Must Be Proven in a Wrongful Death Case
In order for a wrongful death claim to be successful, there are certain things that must be proven. First, it must be shown that the death was caused by someone else’s negligence or recklessness. This can be done by collecting eyewitness statements, video footage from the scene of the death, and other evidence that shows what happened. Second, you must prove that the responsible party owed a duty of care to the deceased person. This means that they were obligated to take steps to prevent harm from happening. Third, you must show that the responsible party breached their duty of care. This means that they did something (or failed to do something) that resulted in the death of your loved one. Fourth, you must show that this breach of duty was the direct cause of the death. Finally, you must prove that the death caused damages such as financial losses or emotional anguish.
This can be a complex process, but it is important to remember that you do not have to do it alone. A wrongful death attorney can help you collect the evidence you need. Attorneys are there to help you through every step of the process so that you can focus on your grieving. Filing a wrongful death claim can help to hold the responsible party accountable and prevent them from harming others in the future, so this may be a way to save someone else’s life.
The burden of proof in a civil case
In order for a plaintiff to win a civil case, they must prove their claim by a preponderance of the evidence. This means that they must show that it is more likely than not that their version of events is true. In other words, they must show that there is a 51% or greater chance that they are telling the truth. This is a lower standard of proof than what is required in a criminal case, which requires proof beyond a reasonable doubt.
What if the defendant has immunity from lawsuits?
In some cases, the defendant may have immunity from lawsuits. This means that they cannot be sued no matter how negligent or reckless their actions were. However, there are exceptions to this rule. If the defendant was working for the government at the time of the incident, they may not have immunity. Also, if the death was caused by an intentional act (such as murder), the defendant will not have immunity. If you are unsure whether or not the defendant has immunity, you should speak to a wrongful death attorney.
Can I file a wrongful death lawsuit if the victim is not my family member?
Yes, you can still file a wrongful death lawsuit even if the victim was not your family member. However, the damages that you are able to recover may be different. For example, if the victim was your child, you may be able to recover damages for the loss of their future earnings. If the victim was your spouse, you may be able to recover damages for the loss of their companionship.
There are certain things that must be proven in order for a wrongful death lawsuit to be successful. An experienced attorney can help you to ensure that your rights are protected and that you are able to recover the damages that you deserve.