How is a Wrongful Death Proven: A Basic Legal Guide

March 24, 2023 Insights

When a death is caused by someone else’s negligence or intentional harm, it may be considered a wrongful death. If you believe your loved one’s death was wrongful, you may be wondering how to prove it.

There are many ways to prove wrongful death, but it will ultimately depend on the specific circumstances of the case. To increase your chances of success, you’ll want to work with an experienced wrongful death attorney who can help you gather the necessary evidence and build a strong case.

In the meantime, here is a general overview of how to prove wrongful death.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil suit brought by the surviving family members of a person who died because of someone else’s negligence or wrongful act. The purpose of a wrongful death lawsuit is to seek compensation for the losses suffered by the surviving family members as a result of their loved one’s death.

To successfully win a wrongful death lawsuit, the plaintiff (the person filing the lawsuit) must be able to prove that:

  • The death was caused by the defendant’s negligence or wrongful act
  • The death resulted in financial damages to the plaintiff
  • The plaintiff is a surviving family member who is entitled to compensation for the damages

How to Prove Wrongful Death

There are many ways to prove wrongful death, but it will ultimately depend on the specific circumstances of the case. In some cases, there may be video footage of the incident or eyewitness testimony that can be used to prove that the defendant’s actions led to the death of the victim.

In other cases, there may be physical evidence or medical records that can be used to prove that the death was caused by the defendant’s negligence or wrongful act. For example, if the victim died in a car accident, the police report may contain information about the defendant’s actions that led to the accident.

In some cases, expert testimony may be necessary to prove that the death was caused by the defendant’s negligence or wrongful act. For example, if the victim died from a medical condition, an expert witness may need to testify about how the defendant’s actions led to the death.

The burden of proof in a wrongful death lawsuit is “preponderance of the evidence.” This means that the plaintiff must prove that it is more likely than not that the death was caused by the defendant’s negligence or wrongful act.

If you have lost a loved one due to someone else’s negligence or wrongful act, you may be entitled to compensation for your losses.

Conclusion

There is no one definitive answer to the question of how to prove wrongful death. Every case is unique, and the best way to approach proving wrongful death will vary depending on the specific facts and circumstances involved. However, some key things to keep in mind include gathering evidence, talking to witnesses, and working with an experienced wrongful death attorney. With careful planning and execution, it is possible to successfully prove wrongful death and obtain the justice and compensation that your family deserves.

If you or a loved one were hurt due to someone else’s negligence, our renowned lawyers at Circeo Law Firm would tenaciously pursue justice on your behalf. Contact us if you need to speak with a law firm in Lexington, KY!

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