The loss of a loved one is a battle no one should fight alone. At Berry Law, we understand that while a civil claim cannot replace a life, a wrongful death claim is a vital tool for holding negligent parties accountable and securing your family’s future. Working with an experienced wrongful death lawsuit attorney gives your family the best chance of achieving the accountability and compensation you deserve.
A wrongful death claim is a civil action brought when an individual’s death results from another party’s negligence. This is entirely separate from criminal proceedings, which occur in a different court system with a different burden of proof. A skilled wrongful death lawsuit attorney will build your case considering these four critical elements.
The 4 Elements of a Wrongful Death Claim:
To succeed, you must prove four specific elements by a “preponderance of the evidence”—a lower burden of proof than the “beyond a reasonable doubt” standard used in criminal trials.
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Duty of Care
First, you must establish that the defendant owed a legal duty to the deceased. For example:
- Drivers owe a duty to operate vehicles safely and follow the rules of the road.
- Property owners must ensure premises are reasonably safe for visitors.
- Medical providers must meet acceptable treatment standards.
- Dog owners owe a duty to others at a park that their dog will be restrained from attacking or harming another individual.
In cases like above, proving duty can be relatively straightforward. Other cases like premises liability or products liability claims can be far more complicated.
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Breach of Duty
You must show the defendant breached their duty through negligence—failing to act as a reasonable person would in a similar situation. Whether it is a driver running a red light or a dog owner failing to restrain an animal, we gather the firepower needed to prove the breach, including:
- Police and accident reconstruction reports.
- Surveillance footage and damage photographs.
- Black box data and expert testimony.
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We must demonstrate that the defendant’s breach was the direct cause of death. This is often straightforward in catastrophic accidents, but can become complex if the defense argues that pre-existing conditions were a factor. We utilize medical experts and autopsy reports to ensure the truth is undeniable.
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Damages
Finally, you must prove the resulting damages. While no dollar amount is equal to a human life, the law provides a path to recover:
- Economic Damages: Out-of-pocket medical expenses, funeral costs, and lost financial support.
- Non-Economic Damages: Loss of companionship, parental guidance, and the conscious pain and suffering of your loved one.
Proving these damages may include medical records, testimony regarding the pre-death relationships and support provided, financial records, employment documentation, and expert testimony.
Winning the Battle
Proving wrongful death requires a battle-hardened team to navigate the procedural requirements and counter the tactics of insurance companies. We stand shoulder-to-shoulder with you to ensure those responsible are held accountable. The attorneys at Berry Law can assist in gathering evidence and also working to ensure that evidence is properly preserved. When you choose Berry Law as your wrongful death lawsuit attorney, you gain a team that fights as hard for your family as you do.
Take the First Step in Your Wrongful Death Claim
If you are ready to hold the negligent parties accountable, we are ready to lead the charge. Berry Law focuses on protecting the legacies of champions and the futures of their families. Contact Berry Law for a free consultation.
