How Hard Is It to Prove Wrongful Death?

The unanticipated loss of a loved one is among the most painful experiences in life. Losing someone due to another person’s negligence only adds sting to the suffering. As someone directly affected by that loss, you likely have the right to pursue legal action and seek compensation for the damages you suffer as a consequence, but you also have the burden of providing proof. The difficulty of proving wrongful death varies depending on the case’s unique circumstances. Still, a personal injury attorney can help you collect the evidence you need and value your claim accordingly.

What Is a Wrongful Death Lawsuit?

Suppose someone dies as a result of what would otherwise have been a personal injury. In that case, the deceased person’s estate or close family members have the right to file a wrongful death claim against the person or party who acted negligently or with the intent to harm. Every state mandates the laws that govern wrongful death claims, including who can file and what damages they can recover. For example, some states place caps on the amount you can receive if awarded compensation.

When To Apply a Wrongful Death Claim

A wrongful death claim can result from nearly any personal injury case in which someone dies directly from their injuries. Some of the most common examples include:

• Fatalities from auto accidents. Auto accidents are the most common form of personal injury claims and lawsuits. Surviving victims can file a car accident claim against the at-fault driver, but if someone succumbs to their injuries, another may bring a wrongful death claim.
• Deaths resulting from medical malpractice. Medical malpractice cases are among the most challenging to prove. Healthcare professionals, including doctors, nurses, nursing home staff, pharmacists, and medical assistants, have an obligation to provide care to patients that meets specific standards. When they neglect their duty of care, and the patient dies, one can file a wrongful death claim.
• Fatalities as a result of intentional harm. Intentionally harming someone will result in criminal charges, but a representative of someone killed by another person can also file a wrongful death suit to recover financial compensation.

If you have questions about the specifics of your case and whether you have evidence strong enough to support your claim, you would benefit from talking to a personal injury lawyer with experience representing wrongful death claims. But first, you need to know if you are eligible to file.

Parties Eligible To File a Wrongful Death Claim

States determine who is eligible to file a wrongful death claim and when they can. For example, in Texas, the deceased person’s surviving parents, spouse, or child have three months to file. If they do not, a representative of the person’s estate can file as long as the surviving members allow it.

However, Utah allows the surviving spouse, biological or adoptive parents, biological or adoptive children, and step-children still under 18 and dependent on the deceased to file. If none of those persons are available, other blood relatives, such as grandparents, aunts, or uncles, can file. Most states have some variation of these limitations for a wrongful death suit.

What Is the Burden of Proof in a Wrongful Death Case?

The court will only accept your wrongful death claim if you meet the burden of proof. Most states require evidence to support negligent action by a preponderance of the evidence. However, some states only need proof that the defendant is more likely than not guilty of causing the victim’s death.

The Standard for Proving Negligence

As the person filing the claim, you bear full responsibility for proving the defendant’s negligence to the burden of proof standards in your state. While the burden of proof may vary, the elements need to prove negligence are the same:

• The defendant owed the victim a duty of care. You must prove that the person you claim caused the death of your loved one had an obligation to behave in a way to keep the deceased person safe. For example, the defendant in a case involving an auto accident has a responsibility to follow the laws of the road when they get behind the wheel of a vehicle and start driving.
• The defendant breached their duty of care. You must prove that the defendant failed to follow the road rules, which would breach the duty of care they owed to other drivers. In a medical malpractice case, you must show that the healthcare professional failed to act per the standards of reasonable care required by oath.
• The defendant’s duty of care breach caused the accident that resulted in your loved one’s death. Causation is of the utmost importance in a personal injury claim. Breaching their duty of care is not sufficient to prove the defendant’s responsibility for damages. You have to show that the breach resulted in an accident that directly caused the deceased person’s injuries and death.

Depending on your claim’s unique circumstances, this part of the process can be complex. A wrongful death lawyer can access experts in relative fields to help gather evidence and support your right to compensation.

What Are the Recoverable Damages From a Wrongful Death Claim?

If you are successful in proving that the person responsible for your loved one’s death did behave negligently, you will be able to request compensation for certain losses. The court refers to these losses as compensatory damages and categorizes them as economic and non-economic. The compensatory damages in a wrongful death case include:

• The medical expenses from treatments received post-accident
• The lost wages and lost earning capacity of the deceased
• The mental and emotional pain suffered by the plaintiff
• The love, companionship, counsel, care, support, nurturing, and society the deceased provided
• The inheritance and retirement benefits the deceased would have provided

In cases involving gross negligence or malicious intent, the court may also award the plaintiff punitive damages. These do not compensate for economic or non-economic losses. Instead, they are a punishment for the defendant’s egregious behavior.

What Can a Wrongful Death Lawyer Do for Your Case?

Nothing can minimize the devastation of losing someone you love unexpectedly in a terrible accident, and no monetary amount equals the value of a relationship with your family. All the civil court and personal injury law can offer is the chance to recover the financial damage caused by another party’s negligence and receive some form of compensation for the emotional distress they caused. Wrongful death cases can be challenging to prove, particularly when the basis of liability is medical malpractice. However, you do not have to navigate the legal process alone while trying to grieve your loss. A wrongful death lawyer can help you get the compensation you need by aggressively representing your rights.

At Fielding Law, our team of experienced personal injury attorneys has worked with the families of wrongful death victims to hold the at-fault party responsible and recover damages. We know your emotional and financial burdens and offer compassionate support along with our professional knowledge. We dedicate our services to alleviating some of the pain that comes with sudden loss and will help you get the compensation you deserve to get you on the path to healing. Avoid waiting too long to obtain representation by contacting our offices any time of day or night at (877) 880-4090. We offer risk-free case evaluations with no upfront fees so you can get the answers you need.