Proving a Wrongful Death Case
What Essential Factors Do I Need to Incorporate Into My Wrongful Death Case to Successfully Obtain Compensation for Damages?
Once a wrongful death lawsuit is filed, the plaintiff is expected to show proof of what factors were involved when the wrongful death occurred. This will help determine the appropriate damages that need to be given to the plaintiff.
The main goal for the plaintiff is to make sure that they show enough evidence to prove that the defendant was negligent. Below, we will discuss further into detail what the plaintiff is expected to show as proof of the defendant’s negligence being the main cause of the accident.
If you lost a loved one due to wrongful death and would like to seek legal representation, our expert Los Angeles wrongful death attorneys at West Coast Trial Lawyers are readily available to help you with your case. We will strengthen your claim and negotiate with insurance companies to ensure you get the justice and compensation you deserve.
- Duty of Care. The plaintiff must prove that the defendant owed a duty of care to the deceased victim. An example would be a defendant not following road rules, thus resulting in the death of another driver. The plaintiff could use this as evidence to prove that the defendant was required to follow the law, but failed at doing so.
- Breach of Duty of Care. The plaintiff is expected to show proof that the defendant breached their duty of care. Specific evidence must be presented. An example would be the defendant getting into a car collision because they drove through a red light, which resulted in the death of the deceased victim.
- Causation.The plaintiff needs to show that the defendant had negligent intentions prior to the incident.
Burden of Proof
The plaintiff must provide convincing evidence to the jury. If they are successful in doing so, then the allegations against the defendant would be considered more likely to be true rather than not true, which will result in the plaintiff winning. However, if the plaintiff fails at showing convincing evidence, then the defendant will win. When it comes to civil and criminal cases, the burden of proof varies. In civil cases, the standard is set lower for plaintiffs compared to prosecutors in criminal cases. Prosecutors are expected to show a substantial amount of proof against the defendant.
Defendants do not have to prove anything to prevent the jury from rewarding the plaintiff for damages. If a plaintiff is unable to convince the jury that the allegations they are claiming are true, then the defendant will be successful in the case even without having to present their evidence. However, they may use affirmative defense. This will create a reverse effect between the plaintiff and defendant, thus resulting in the defendant having to prove that the defense should be applied.
West Coast Trial Lawyers Is Here to Help
If you have lost a loved one due to negligent actions committed by another party, our expert team of wrongful death attorneys at West Coast Trial Lawyers will help you recover compensation for damages you have suffered. This includes medical expenses, lost wages, emotional distress, pain and suffering, and more.
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