Losing a loved one is never easy, and that is especially true when the careless or negligent actions of another person caused the death. In these cases, loved ones of the deceased may be entitled to compensation through a wrongful death lawsuit. At Russell & Hill, PLLC, our wrongful death attorneys in Marysville want to discuss how to go about determining who is at fault for a wrongful death case. This information is vital when it comes to securing compensation.
ESTABLISHING A DUTY OF CARE
In order for a wrongful death case to be successful, lawyers for the plaintiffs (the deceased’s loves ones) will need to prove four separate elements. These are:
- Duty: It needs to be shown that the person who allegedly caused the death had a duty to exercise due care to the victim. The exact definition of “due care” will vary depending on the circumstances of the case, but it is essential to show that the defendant how to duty to keep the person safe or refrain from doing something that would cause them harm.
- Breach: After a duty of care is established, it needs to be shown the defendant breached their duty to the plaintiff. For example, a driver has a duty to operate their vehicle safely. If a driver operates while impaired by alcohol or drugs, crashes into a person, and kills them, they very likely have breached their duty of care.
- Causation: After a breach of duty has been established, it needs to be shown the defendant’s actions actually caused the plaintiff’s death.
- Damages: Finally, there must be actual damages in these cases. For a wrongful death case, damages are generally presumed because the injured person was killed.
PROVING THE CASE
For a wrongful death case, a skilled attorney will be responsible for conducting a thorough investigation into the incident. This will require obtaining all evidence related to the death, including accident reports, eyewitness statements, video and photo surveillance, and more.
A Marysville wrongful death attorney will handle all negotiations with the defendant and their legal team in order to reach a compensation that is fair for those who have lost their loved one. If the other party refuses to offer a fair settlement, an attorney will fully prepare the case to go to trial.
LET US HELP SECURE THE COMPENSATION YOU DESERVE
If you have lost somebody you love due to the careless or negligent actions of another person, company, or entity, turn to a skilled attorney for help. The team at Russell & Hill, PLLC is ready to conduct a thorough investigation into your claim to determine who was at fault and secure the compensation you need. This can include:
- All funeral and burial expenses
- Any pre-death medical expenses
- Loss of future income and benefits of the deceased
- Mental anguish damages
- Loss of consortium and companionship damages
- Possible punitive damages against the negligent party