Wrongful Death Suit: What Kind of Evidence Must Be Proven to Win?

by Ladyblogger on September 7, 2013

The world would be wonderful if everyone was so coordinated and dutiful that no serious injuries ever occurred. Unfortunately, since there are around 37.9 million emergency room admissions related to injuries every year, this is nothing more than a pipe dream. These injuries can be disheartening enough, but when they result in death, the incident becomes especially detrimental.

Sadly, these tragedies lead to more than just heartbreak for the victim’s loved ones; they can also cause financial ruin. This is why it’s so essential to be able to prove fault in a wrongful death situation.

Common Injuries resulting in Wrongful Death

There are a myriad of accidents that can result in serious injuries to those involved. In addition, just about any type of accident can lead to a wrongful death. There are accidents, though, that can be especially disastrous.

  • Auto Accidents: The damage related to auto accidents can range from minor dents in a fender to potentially several fatalities. Because of the inherent danger of being out on the road, automobile accidents are a huge contributing factor to cases of wrongful death.
  • Medical Malpractice: Medical malpractice is a potentially devastating mistake that sometimes occurs within the confines of a doctor’s office. The Institute of Medicine found that there are 98,000 cases of preventable death every year caused by medical malpractice, so the threat of fatal medical mistakes is very real.
  • Aviation Accidents: Luckily, aviation accidents are few and far between. It’s consistently been stated that driving a vehicle is more dangerous than flying in a plane. When a crash does occur, however, they’re usually detrimental and can result in hundreds of wrongful deaths.

Proving Wrongful Death

The process of proving fault in a wrongful death suit sounds simple, but it can actually turn into a nightmare if not done properly. In reality, individuals must show that a defendant’s negligence directly caused, either in whole or part, the death of a loved one. It must also be shown that this death had a negative effect on the family, but this part isn’t so hard to convince a jury of. It’s the proving of negligence that can be difficult.

Proving negligence will vary depending on the specific case at hand. In an auto accident, for instance, it may be as simple as showing that the defendant got a speeding ticket and that that specific negligent act led to an accident. Any piece of evidence that proves that a defendant caused a death through acting in a neglectful manner is usually enough to prove wrongful death.

Steps to take after a Wrongful Death

It’s important to get funeral arrangements handled after one of these unfortunate tragedies. Sadly, there’s also a bit of legal maneuvering that must be done. It’s essential for a victim’s loved ones to find a local wrongful death attorney to help them, and this is true for several reasons. A local attorney to where the accident occurred will be knowledgeable about all local and state laws in regards to the case. For example, if the accident occurred on a trip to NYC but the person who passed away is from New Jersey, it would be advised to hire an experienced NY wrongful death attorney.

These legal professionals will know exactly what type of evidence is needed in a certain case to prove negligence. With their legal expertise, attorneys can use this evidence to help recover often significant damages from a neglectful individual who brought an abrupt end to a beautiful life.

Those who have experienced a death within their family have an abundance of hard choices laid out before them. The road ahead will always be difficult, but if another person’s negligence led to a loved one’s death, it’s likely that an individual will be able to recover compensation for their loss. While no amount of money can ease the grief associated with losing a loved one, the additional financial resources can go a long way towards getting one’s life back on track.

Researcher Lisa Coleman shares the importance that evidence plays in a wrongful death suit, and the importance of retaining a local experienced attorney to handle such a case. She recently researched online at how the Perecman Firm, PLLC, is experienced in representing a wrongful death claim for a client who has lost a loved one in an accident within the state of New York.

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