When you lose a loved one in a traumatic accident, the grief can be overwhelming and difficult to handle. You may find the death hard to accept when you know someone else is responsible for the accident that killed your family member. You may file a claim and hold the liable party accountable, but you must prove that the accident involved wrongful death.
We’ve handled many wrongful death cases at The Kindley Firm, APC, and we can use our knowledge to assess your loved one’s accident. A San Diego personal injury lawyer from our team will prove negligence using evidence and support your claim in court by making sure the liable party’s negligence directly caused the death. Then, we can maximize your claim by assessing your damages.
To successfully prove a wrongful death claim, you must show that negligence contributed to the fatal accident in question. For example, if the fatal accident was a car accident, the driver who caused the accident may have been distracted while driving, speeding, driving under the influence, or improperly changing lanes.
An investigation of the accident can pinpoint negligence through witness testimonies, photographs, the police report, or video footage. Although this negligence is a significant factor in any wrongful death claim, it’s not the only factor you need to win your case.
Once you know that negligence contributed to the fatal accident in question, you must also prove that negligence caused the fatality. If a driver was speeding during a fatal accident, they were clearly acting negligent, However, it’s possible that the driver’s speed didn’t directly cause the fatality.
If a drunk driver hits another vehicle and causes their death, it’s clear that the drunk driver’s negligence directly caused the fatality. This proves that wrongful death has occurred.
Once you can prove that the defendant is guilty of wrongful death, you must show the court that you or your family have suffered damages because of the death. These damages can be economic or non-economic. You’ll want to account for all your damages if you hope to maximize your claim.
Economic damages may include funeral expenses or medical expenses accrued before your loved one died. Economic damages can also include lost wages if your loved one’s income contributed to your family’s well-being. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, or loss of consortium.
There are key elements needed to prove a wrongful death claim, and when you have an experienced attorney by your side, your case will become easier to navigate. If you’re ready to speak with a San Diego personal injury lawyer from The Kindley Firm, APC, call 619-550-1313 to schedule a free consultation or visit our website for more information.
