If you are facing the horrible tragedy of losing a loved one as a result of negligence, then you may be about to start the process of filing a wrongful death lawsuit. The most important element of a wrongful death case is the burden of proof. Your attorney will work with you to use the circumstances of your loved one’s death as evidence that the defendant was at fault. Through these steps in determining liability and burden of proof, you will be able to get justice for your family.
Duty of Care
First, you as the plaintiff must be able to explain how the defendant of a duty of care to the victim, your loved one. What this means is that you have to show that there were established laws, regulations, or an established trust that the defendant should have followed to prevent the victim’s death. In a medical malpractice case, the duty of care is simply the established doctor-patient trust and the doctor’s responsibility to work in the patient’s best interest. Another example is a car accident, where the duty of care would be the traffic laws that the driver should have been following.
Breach of Care
Proving the breach of care is usually easier when you have successfully established the duty of care. Your attorney will explain to the court how the defendant violated their duty of care, which led to the death of your loved one. The breach of care could be evidence such as a driver speeding or running a red light, or a doctor failing to follow sanitation protocol before a procedure.
Lastly, causation can be difficult to prove because it has to show that the defendant was directly responsible for the victim’s death. The main problem with determining causation is that the defending party will try to point out contributory negligence and throw the blame onto your loved one for doing something that might have contributed to the situation. In a car accident situation, they might claim that your loved one had violated some other traffic law that added to the accident. But a good attorney will be able to prove that the defendant was entirely at fault.
Has Your Loved One Suffered a Wrongful Death? Contact The Snyder Law Group Today!
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements*. Please visit our website,www.410thefirm.com, for more information and follow us on Facebook,Twitter, and LinkedIn.