Your Arlington, VA wrongful death lawyer can help you secure some much-needed compensation after the loss of a loved one. However, your legal team will still need to prove the death was wrongful in the first place. At Antezana & Antezana LLC, we’ve been supporting our clients for over 20 years. We’re ready to help you, next. Read on to see how we’ll help you prove a wrongful death, and contact us today to get started on your case.
Establishing Duty Of Care
The first step in proving a wrongful death claim is showing that the responsible party had a legal duty to act with care. A duty of care means that the person or organization had a responsibility to act in a way that avoided harming others.
For example, drivers have a duty to follow traffic laws and operate their vehicles safely. Doctors have a duty to provide proper medical treatment to their patients. Property owners must keep their premises reasonably safe for visitors. Demonstrating this duty is the foundation of a wrongful death claim, and your Arlington wrongful death lawyer can help.
Showing A Breach Of Duty
Once a duty of care is established, it must be shown that the responsible party failed to meet that duty. This is called a breach of duty. Proving a breach often requires showing specific actions or inactions that caused harm, but your survivor claims lawyer can help with this.
Evidence might include eyewitness statements, photographs, medical records, or official reports. In some cases, testimony from professionals who can explain what a reasonable person or organization would have done under the same circumstances may be needed.
Connecting The Breach To The Death
It is not enough to simply show that someone acted carelessly. There must be a direct connection between the breach of duty and the death. This connection, known as causation, links the responsible party’s actions to the outcome.
For example, if a driver ran a red light and caused a car crash, there needs to be clear evidence that the injuries sustained in that crash directly resulted in the victim’s passing. Medical records, accident reports, and witness testimony can all be used to establish this link.
Proving Damages
The final step is showing the damages caused by the wrongful death. As your wrongful death lawyer can explain, damages can include both financial and non-financial losses.
Financial damages often involve medical bills, funeral expenses, and the loss of income that the deceased would have provided. Non-financial damages may include emotional pain and suffering, loss of companionship, and the overall impact on the family’s quality of life.
The Importance Of Timing
Wrongful death claims must be filed within a specific time frame known as the statute of limitations. This time limit varies depending on the state and the circumstances of the case. Waiting too long to file can result in losing the right to bring a claim altogether. Taking early action with a family loss lawyer allows for a smoother process when dealing with insurance companies or preparing for trial.
Moving Forward With Legal Guidance
At Antezana & Antezana LLC, we’ve spent over 20 years helping our clients with wrongful death cases, medical malpractice cases, and more. Now, we’re ready to help you. Contact us today to get started with an accidental death lawyer who can make a difference.
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