Strategies For Proving Wrongful Death

Proving a wrongful death case requires a comprehensive,  Strategies For Proving Wrongful Death methodical approach. When someone loses their life because of the misconduct, negligence, or intentional acts of another, establishing a claim is crucial—and the process demands a focus on evidence gathering, knowledge of the law, and the pursuit of compensation for surviving family members. Here, we’ll explain how wrongful death cases are proven and won.

Strategies For Proving Wrongful Death Damages

State law governs wrongful death claims, defining who can file them and the compensability of damages. Victims’ survivors must prove the defendant was legally obligated to act responsibly and safely, or that a manufacturer knew their product was dangerous and defective. Key elements in a wrongful death lawsuit include those listed in the sections below.

The Duty of Care

In an Illinois wrongful death claim, the plaintiff must prove the defendant’s duty of care, or their obligation to act safely and responsibly. Not everyone is required to protect those killed or injured. For instance, vehicle passengers are under no requirement to protect others from a driver’s dangerous, intentional, or negligent actions.

Duty Breaches

A defendant’s actions (or refusal to act) must meet the expected care standard. The standard of care is legally defined as what a reasonably careful person would do in the same situation. For car crashes, negligence is defined as the highest level of care. Negligent behavior is difficult to pin down, but most people view it as mistakes that result in injuries or wrongful death.

Causation

A defendant’s actions or inactivity must be a substantial factor in the victim’s death. It’s much easier to prove negligence than causation, and the injured party carries the burden of proof. In a wrongful death case, things get even murkier. For instance, if someone who is terminally ill loses their life in an auto accident, their life expectancy would be up for debate—but the fact that the collision caused their death would not.

Damages

Illinois wrongful death cases involve damages not found in injury claims, with damages suffered by the victim’s survivors. Damages may include:

• Funeral costs
• Final medical bills
• The loss of love, care, and companionship
• Bereavement, suffering, and mental anguish

Your wrongful death attorney can help you understand the various types of damages and recover the maximum settlement under Illinois law.

Legal Standing

The state allows children, surviving spouses, and parents to pursue wrongful death claims. When a person has no survivors in this group, their siblings may be able to pursue claims. To file a wrongful death suit, you must be eligible under state law—and the judge will divide the settlement between entitled parties.

How Attorneys Help

Wrongful death lawyers guide clients through the complexities of these cases, gathering evidence such as:

• Witness testimony. Attorneys may retain those who can prove life expectancy, earnings potential, economic value of lost services, or the other party’s wrongdoing.
• Records. Your lawyer will gather accident reports, investigation findings, and medical records.
• Documentation. Attorneys often gather videos and photos of accident scenes, which allow juries to make better decisions.
• Financial documents. A lawyer will gather financial documents to prove the extent of survivors’ economic losses. In some cases, attorneys rely on anecdotal evidence to document the value of tasks performed by the deceased.

Every case is different, and your lawyer may gather other evidence to support the claim.

Strategies For Proving Wrongful Death Prove Your Case With Legal Help

Wrongful death claims are a combination of damages and issues, and each case is unique. While any situation can result in a wrongful death, only experienced attorneys should pursue these cases. Contact the firm to schedule a consultation with a local wrongful death attorney.