Determining the Fault in a Wrongful Death Case

Wrongful death cases can be challenging because the burden of proof lies with the plaintiffs. Determining the fault is not that straightforward as compared to other cases. An experienced wrongful death attorney can help you prove fault in a wrongful death case.

Many factors determine whether a party is at fault in a wrongful death case. In this blog post, you will learn about some of the factors that are commonly assessed to find out the party responsible for an accident.

1. Medical Malpractice Cases

Determining fault in a medical malpractice case involves assessing whether the medical staff provided standard of care. Medical professionals are required to provide a reasonable level of care to the patient. Reasonable care should be provided when prescribing medicine, performing surgery, delivering baby, and making a diagnosis.

A minor misjudgment or reckless mistake can prove fatal. A wrongful death attorney will assess whether the medical professional provided reasonable care expected in similar situations. A breach in providing standard of care will make the medical staff liable for the death.

2. Vehicle Accident Cases

Drivers have a duty to care for the passengers, pedestrians, and other drivers on the road. Reckless actions that lead to the death of a person will make the driver responsible for the wrongful death. The at-fault driver will have to pay compensation to the family members of the victim.

Fatal vehicle accidents are sometimes caused due to defective parts. In such cases, the manufacturer that made the defective part will be held responsible for the accident. A fatal accident can also occur if a vehicle repair company had carried out improper repairs. In this situation, the victims’ family members can file a wrongful death claim against the vehicle repair company.

Lastly, some fatal vehicle accidents involve commercial vehicles. In this situation, the employer of the driver will be held jointly responsible for the fatal accident.

3. Work-Related Accidents

Employers are required to ensure a safe environment for the employees. A fatal accident caused due to the inaction in keeping the work environment safe will make the employer liable for the death. Victim’s family members can seek compensation from the employer for the wrongful death of the victim.

Each of the above cases involves different elements that must be assessed to determine guilt of the at-fault party.

A wrongful death attorney will prove to the court that the death occurred due to the negligence of the defendant. Moreover, the attorney will establish that the defendant had the duty to care for the victim. Lastly, the attorney will show to the court that the actions or inactions of the defendant resulted in the death of a victim.

The court will look at different factors to determine fault in a wrongful death case. Witnesses of experts are often sought to determine if the victim was responsible for the death. An experienced wrongful death attorney will inform you how to gather evidence for proving the guilt of the at-fault party. Getting expert legal help will help you in making a successful claim against the party responsible for the wrongful death.