What Do You Need To Prove in a Wrongful Death Claim?
If someone close to you has died and you think that the negligence of another person caused their death, it may be possible to work with a personal injury lawyer Chicago IL victims trust to recover your damages. It’s important to understand that each state has different laws on this matter, but there are some basic rules that apply to wrongful
death claims across the boardBefore you file a lawsuit, you should have a better understanding of what you need to prove in this type of claim. A personal injury lawyer in Chicago IL from Sherinian Law can address your questions and concerns.
What Constitutes a Wrongful Death Case?
A wrongful death case can result in the victim’s heirs recovering monetary damages from the individual or entity that was responsible for the person’s untimely death. While criminal suits may provide justice through fines or imprisonment, families affected by the death of a loved one won’t reap any financial assistance through a criminal proceeding. However, it’s possible for a family to file a civil lawsuit for a wrongful death during or after a criminal proceeding has occurred. A Chicago personal injury lawyer from our firm can represent your family’s best interests.
What You’ll Need to Prove in a Wrongful Death Case
In any personal injury claim, the plaintiff needs to prove the negligence of the defendant in order to win damages. In a wrongful death case, the plaintiff (or plaintiffs) would be the surviving family members or dependents of the deceased individual. The three facets of proving negligence include proving the defendant’s duty of care, their breach of that duty of care, and causation.
For duty of care, the plaintiff needs to prove that the defendant was required to act in a way that kept the other person safe or didn’t put them in harm’s way. For example, all drivers have a duty to drive safely and abide by the rules of the road. They owe this duty to other drivers and pedestrians on the road. A personal injury lawyer Chicago IL community members turn to for help from our firm can help you prove the defendant had a duty of care to the victim.
A breach of a duty of care occurs when a person or entity fails to fulfill their responsibilities to act safely. If your loved one was killed in a car accident by a drunk driver, that driver consumed alcohol before driving, putting others at risk and failing to fulfill their duty of care. Proving this oftentimes requires knowledge of local and state driving laws, which a personal injury lawyer Chicago IL residents choose from Sherinian Law is well versed in.
Lastly, you need to prove causation. A breach of duty is not enough for the plaintiff to be awarded damages; they must also be able to prove that the breach of duty directly caused damages. In the event of a fatal drunk driving accident, the plaintiff would need to prove that their loved one’s death was a direct result of the drunk driver’s negligence.
A Personal Injury Lawyer Chicago IL Locals Recommend
If you’ve recently lost someone close to you and believe that another person’s negligence caused their death, get in touch with a personal injury lawyer Chicago IL offers to review your case and identify which options are available to you.