How Do You Prove Negligence in a Wrongful Death Case?

How Do You Prove Negligence in a Wrongful Death Case?

It’s hard enough when you lose someone you love to a terminal illness. Some of us are lucky enough to have our parents or spouse into old age. They die a natural death but at least we got to enjoy them for a long, long time. For other people, things don’t work out so well. It’s difficult enough to grieve the loss of a loved one, It’s even harder to deal with that loss when it’s caused by someone else. None of us are prepared to deal with something like this. So, when it comes to a wrongful death case, we don’t know what to do. We don’t know where to turn.

That’s why there are experienced wrongful death attorneys in Las Vegas. They do know how to handle situations like this. And they’ll deal with the legal side of things while you take care of your family. They’ll go after the people responsible for the death of your loved one. They’ll work hard to get you the compensation you deserve.

A Wrongful Death Case is Usually Based on Negligence

Wrongful death cases are almost always based on some sort of accident. Very rarely does someone die a long, painful death due to negligence. It does happen – however, more often than not, people die in tragic accidents.

Some of the most common causes of wrongful death include:

  • Car accidents
  • Fires
  • Dangerous products
  • Construction accidents
  • Medical malpractice
  • Dangerous drugs

The one thing all of these have in common is negligence. Most wrongful death cases are based on negligence. According to the law, there’s no such thing as an accident. They don’t happen because of the stars aligned in a certain way. Nor do they happen by some magical force. They happen because someone doesn’t do what they’re supposed to do.

How Does Your Las Vegas Injury Lawyer Prove Negligence?

In order to get you damages for your wrongful death claim, your lawyer will need to prove negligence. To do this, they need to show four (4) things. These include:

  • The defendant owed you a duty of care
  • They breached this duty
  • Your loved one died
  • Their death was the result of the defendant’s breach

In almost all cases, it’s not hard to prove the defendant owed the victim a duty of care. Nor is it hard to prove that your loved one died. The hard work comes in between. Your attorney will need to prove that the defendant breached their duty of care and that this breach is what caused your loved one’s death.

If you can prove all four of these things, you’ll have a good chance of winning your case. But what does that mean? If you win your case, it can’t bring your loved one back. All it means is that you’ll be able to receive compensation for your loss.

Proving that the Defendant Breached Their Duty is Difficult

There are times when it’s relatively easy to prove that the defendant breached their duty of care. Some of these include:

  • A drunk driver with a BAC of .15 crashes into your loved one’s car head-on
  • A doctor operates on your spouse while under the influence of an illegal narcotic
  • A company lies about the fact that a certain drug causes cancer

Other times, it can be a bit harder to prove the defendant breached their duty of care. For example, when two cars get into an accident and the weather was bad. Who was at fault? Or, if your loved one’s doctor diagnoses their illness a month or two later than they should have. Did that cause their death? Or, would they have died anyway?

These questions are important ones. And they’re the questions your Las Vegas wrongful death attorney will answer for you.

Contact a Personal Injury Lawyer About Your Wrongful Death Case

Losing a loved one may be the hardest thing you ever have to deal with. This is especially true if you lose your spouse or child. We just aren’t prepared for these kinds of things. So, when they do happen, we need help.

If your loved one was killed by a third party, you need to call an experienced wrongful death lawyer in Nevada. They will determine who may be liable for your loved one’s death. They’ll also work hard to get you and your family the damages you deserve.

Call Christian Morris Trial Attorneys today and schedule your free initial consultation. Let an experienced lawyer take care of the legal side of things. You can focus on taking care of yourself and your family.