Losing a loved one is always devastating. But when that loss is caused by the careless or intentional actions of another, the pain cuts even deeper. If you find yourself in this heartbreaking situation, you may be considering a wrongful death claim to seek justice and compensation. You may wonder, how do you prove wrongful death in Arizona or South Carolina? If you are in such a dilemma, worry no more. Our Care Team at Wrongful Death Lawyer will help you understand and deal with your wrongful death claim. Contact our offices for more information.
Elements of a Wrongful Death Claim
To prove wrongful death, you need to show four main elements:
- Duty of care: The defendant had a legal duty to act with a reasonable amount of care toward the deceased.
- Breach of duty
- Causation
- Damages: You and your family suffered losses as a result of the death. This can include medical and funeral expenses, lost income and benefits, loss of companionship, and mental anguish.
Proving these elements is the key to a successful wrongful death claim. Let’s look at how you can do that.
Gathering Evidence
Building a strong wrongful death case relies on evidence. Some key pieces of evidence may include:
- Police and accident reports
- Medical records and autopsy reports
- Witness statements
- Photos and videos of the accident scene
- Expert analysis (e.g. accident reconstruction)
- The defendant’s statements or admissions of fault
It’s crucial to start gathering this evidence as soon as possible. Over time, witnesses’ memories fade, physical evidence gets lost or degrades, and important records may be deleted or destroyed. An experienced wrongful death lawyer can help you secure and preserve this vital proof.
Proving Negligence
In many wrongful death cases, the key issue is proving the defendant’s negligence. Negligence means failing to act with the level of care that a reasonable person would use in the same situation.
For example, think about a driver who causes a deadly crash while texting. We all know that safe driving means keeping your eyes on the road. By looking at their phone, the driver breached their duty to drive carefully. If that distraction directly led to your loved one’s death, you’ve got a compelling negligence case on your hands.
Here’s another scenario: Let’s say a doctor makes a life-threatening error during surgery, like operating on the wrong body part. Surgeons go through years of training to avoid mistakes like that.
So, if one slips up in a way no reasonable doctor would, leading to a patient’s death, that’s medical negligence, plain and simple.
The key is to look at what a prudent person would do in the same situation. Did the defendant’s actions fall short of that standard? If so, and those actions caused your loved one’s untimely passing, you likely have the proof you need.
Building that proof often means digging into the details. A car accident case may require looking at phone records to show the driver was texting at the time of the crash. For a medical malpractice claim, you might need to review the doctor’s treatment notes and hospital policies. The more specific evidence you have of the defendant’s missteps, the stronger your negligence case will be.
The Role of Expert Witnesses
In complex cases, expert witnesses can be invaluable for proving wrongful death. These are professionals with specialized knowledge who can help explain technical aspects of the case to the judge and jury.
Take a product liability case as an example. Let’s say a defective car part led to a deadly accident. An automotive engineer serving as an expert witness could break down for the jury exactly how the part was designed wrong, why it malfunctioned, and how that failure caused the crash. That testimony ties it all together in a way everyday folks can understand.
In a malpractice lawsuit, a medical expert can walk through the proper procedures the doctor should have followed and pinpoint where they went astray from the accepted standards. These experts speak the complex language of medicine, but their job is to translate it into plain terms for the court.
In any wrongful death case, expert witnesses serve as a bridge. They have the specialized knowledge to deeply understand the central issues. But more than that, they have the skills to explain those issues in a relatable way. By linking the dots between the defendant’s misconduct and your family’s heartbreaking loss, expert testimony can be the linchpin to winning your case.
Of course, not every case calls for an expert, and experts aren’t infallible. The defendant may present their specialists to counter your claims. But in matters of medicine, engineering, or other technical fields, having a knowledgeable expert on your side can make all the difference.
Calculating Damages
The final step in proving a wrongful death claim is showing the full extent of your damages. Damages in a wrongful death case can include:
- Medical expenses
- Funeral and burial costs
- Lost income and benefits your loved one would have earned
- Loss of care, companionship, and guidance
- Your mental pain and suffering
Some of these damages, like medical bills and lost wages, are economic damages that can be calculated fairly objectively.
Others, like the loss of companionship, are non-economic damages that are more subjective. It’s important to work with a skilled wrongful death lawyer who knows how to fully assess and prove the value of your claim.
How Our Care Team Can Help
We know this is an overwhelming and painful time. The legal process of proving wrongful death can feel daunting, especially when you’re grieving. That’s where our care team comes in.
We’re here to provide compassionate support and guidance as you navigate this difficult journey.
While we aren’t a law firm and can’t serve as your legal representation, we can offer resources, answer your questions, and connect you with experienced wrongful death attorneys in your area.
Our team is well-versed in the wrongful death laws of Arizona and South Carolina. We can help you understand your rights, the legal process, and what to expect. We’ll take the time to listen to your story and provide personalized recommendations for your next steps.
Get in Touch with Us
Reaching out to us is the first step toward getting the help you need. You don’t have to face this alone. Contact our Care Team today to learn more about how we can support you through this challenging time as you seek justice for your loved one.