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Liability in a wrongful death case is determined by proving that the defendant’s negligent or intentional actions directly caused the death, typically through evidence such as eyewitness accounts, expert testimony, and physical evidence.
If you’ve lost a loved one due to someone else’s actions, you may be considering a wrongful death lawsuit. As any Fort Myers wrongful death lawyer would tell you, understanding how liability is determined in these cases is crucial.
An attorney can help you determine who was liable for a wrongful death. If someone else is liable, then you can sue them for damages and get financial compensation to help you and your family after losing a loved one.
Understanding Liability in Wrongful Death Cases
Liability in a wrongful death case refers to the legal responsibility for the death. To establish liability, you must prove that the defendant’s actions (or inactions) directly led to your loved one’s death. This process involves several key elements:
- Duty of care
- Breach of duty
- Causation
- Damages
Let’s explore each of these elements in more detail to understand how they contribute to determining liability.
Duty of Care
The first step in establishing liability is proving that the defendant owed a duty of care to the deceased. This duty varies depending on the circumstances of the case. For example:
- A doctor has a duty to provide competent medical care to their patients
- A driver has a duty to operate their vehicle safely and follow traffic laws
- A property owner has a duty to maintain safe conditions for visitors
Breach of Duty
Once a duty of care is established, you must prove that the defendant breached this duty. A breach occurs when the defendant’s actions fall short of what a reasonable person would do in similar circumstances. This could involve:
- A driver texting while driving
- A property owner fails to repair a dangerous condition
- Releasing a dangerous product on the market
Proving a breach of duty often requires expert testimony to establish what the standard of care should have been and how the defendant failed to meet it.
Causation
Proving causation is often the most challenging aspect of determining liability. You must demonstrate that the defendant’s breach of duty directly caused your loved one’s death. This involves showing two types of causation:
- Cause in fact: The death wouldn’t have occurred if not for the defendant’s actions
- Proximate cause: The death was a foreseeable consequence of the defendant’s actions
Establishing causation may require extensive evidence, including medical records, accident reports, and expert testimony.
Damages
Finally, you must prove that the death resulted in quantifiable damages. In wrongful death cases, the types of damages you may be entitled to include:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the deceased’s future income
- Loss of companionship and support
While proving damages is usually straightforward in wrongful death cases, calculating the full extent of the damages can be complex and may require financial experts.
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Types of Evidence Used to Determine Liability
Determining liability in a wrongful death case relies on various types of evidence. Here are some common forms of evidence used:
Physical Evidence
Physical evidence can be crucial in establishing the circumstances of the death. This might include:
- Accident debris
- Surveillance footage
- Photographs of the scene
- Damaged property or vehicles
Preserving physical evidence is often critical, which is why it’s important to consult with an attorney as soon as possible after the incident.
Witness Testimony
Eyewitness accounts can provide valuable insights into what happened. This might include:
- People who saw the incident occur
- First responders who arrived at the scene
- Coworkers or others who observed relevant events leading up to the incident
Your attorney will work to gather statements from all relevant witnesses to build a comprehensive picture of the events.
Expert Testimony
Expert witnesses play a crucial role in many wrongful death cases. These might include:
- Medical experts who can explain complex health issues
- Accident reconstruction specialists who can piece together what happened
- Economic experts who can calculate future financial losses
Expert testimony can help jurors understand complex technical or scientific information that’s crucial to determining liability.
Challenges in Determining Liability
Determining liability in a wrongful death case can be challenging for several reasons:
Multiple Parties
In some cases, multiple parties may share liability for a death. For example, in a car accident caused by a drunk driver, liability might extend to:
- The drunk driver
- The establishment that over-served alcohol to the driver
- The manufacturer of a defective car part that contributed to the accident
Your attorney will investigate all potentially liable parties to ensure you seek compensation from all responsible sources.
Contributory Negligence
Sometimes, the defendant may argue that the deceased was partially responsible for their own death. Florida follows a comparative negligence rule, which means that compensation may be reduced based on the deceased’s level of fault.
Complex Circumstances
Some wrongful death cases involve complex circumstances that make determining liability difficult. For example, medical malpractice cases often involve intricate medical details that can be challenging to explain to a jury.
Click To ContactContact Viles & Beckman with Questions about Liability in Wrongful Death Cases
If you’ve lost a loved one due to someone else’s negligence or wrongful actions, don’t face this difficult time alone. If you’re uncertain how you can prove someone else’s actions led to the death of your loved one, let us help you determine liability in your wrongful death case.
At Viles & Beckman, we’re here to guide you through the legal process and fight for the justice your loved one deserves. We have the experience, resources, and dedication you need. That’s why we’re the 5-Star Law Firm.
Contact us today for a free consultation. Let us handle the legal complexities while you focus on healing and honoring your loved one’s memory.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
