Important Elements of a Wrongful Death Case

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Important Elements of a Wrongful Death Case

Charlotte, NC Wrongful Death Lawyer

Wrongful death law is applicable in tort cases where the defendant’s conduct has contributed to the death of the victim. The law compensates the surviving family members and dependents who bear economic and non-economic losses resulting from the death. These include medical expenses, funeral costs, loss of financial support, loss of companionship, pain and suffering.

Most often, negligence is alleged in wrongful death claims. The defendant’s careless conduct may be the major contributing factor for the automobile accident or medical malpractice. Intentional conduct on the part of the defendant could be the cause of wrongful death. A wrongful death lawsuit may also arise from a liability case involving a defective product.

What you must prove in a wrongful death case

As the plaintiff, you are required to prove the different elements of a wrongful death claim to be awarded damages. You must basically show that the defendant’s negligent actions caused the victim’s death.

Duty of care: You must prove before the court that the defendant owed a duty of care to the victim. In a car accident case, for instance, you must prove that the defendant had an obligation to follow the applicable road rules and drive with care and responsibility.

Breach of duty of care: This element involves proving that the defendant breached the duty of care owed to the victim. For a car accident case, it is critical to demonstrate that the defendant did not adhere to the traffic laws of the state.

Causation: It is not enough to prove that the defendant breached a duty or defied a law. You must also show that the defendant’s actions were directly responsible for the wrongful death. If a brake problem in the victim’s car caused his/her death, then the defendant’s breach of law by jumping a red light will not be deemed a direct cause of death.

Burden of proof: The burden of proof in a personal injury lawsuit falls on the claimant. However, being a civil case, it is enough to show that it is ‘more likely than not’ that the defendant was responsible for the victim’s death. The quality of evidence presented before the court will determine the outcome of the case and decide the damages. It is best to engage the services of an experienced wrongful death attorney to present strong evidence and poise yourself for a favorable verdict.

Contact the Wrongful Death Law Firm of Bice Law

If you believe your loved one has been the victim of a wrongful death, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling 877-BICE-877 or submit an online request to get a free consultation with a wrongful death attorneyResults are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

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