How Does a Wrongful Death Lawsuit Work?
If you and your family decide to pursue a wrongful death lawsuit, it makes things much easier if you understand how such suits work and the way they are proven. Understanding these basic requirements and elements of proof can greatly help you cooperate with your lawyer as they handle your case.
In a wrongful death lawsuit, the attorney will need to provide evidence that proves and supports the following points:
- Duty of care: It must be proven that the other party had a duty of care toward the deceased person. An example of this is how a manufacturer owes a duty to consumers to create and produce products that are safe to use.
- Breach: The evidence must then show that the liable party somehow violated their duty of care or failed to uphold it. Using the manufacturer example above, this might happen for instance if the manufacturer doesn’t follow proper testing protocol for safe products.
- Cause: The breach of duty must also be the direct cause of the loved one’s death.
Proving these points can be challenging, but understand that it is the attorney’s job to gather evidence and prepare it for trial, not yours or your family’s. They will also be responsible for formulating a trial strategy that proves the liability of the other party.
For these reasons, it is advantageous to hire a lawyer for a wrongful death case, and not try to handle it entirely on your own. That way, your family can focus on emotional healing and recovery.
Our case results speak for themselves. They are the fruit of our many years of experience and dedication to our clients. A few notable settlements include:
$1,000,000 Settlement in a Wrongful Death Negligent Security Case Against Trailer Park
Our client was tragically shot and killed while living in her rented trailer park home. Our team’s investigation revealed that the owner failed to properly address a significant violent crime problem on the premises.
Joseph Osborne Secures Multi-Million Dollar Settlement With Bayer Pharmaceuticals for $9.475 Million
Joseph A. Osborne was appointed to the Plaintiffs Steering Committee for the Multidistrict Litigation. This drug is used to limit bleeding during heart surgery and marketed by Bayer Pharmaceuticals.
In a two-year period, it hascaused approximately 22,000 deaths and numerous catastrophic injuries. Through aggressive advocacy and unparalleled dedication to his clients, Joseph was pleased to announce a settlement of $9.475 million with Bayer to resolve its claim.