Winning a wrongful death case isn’t as easy as just hiring a lawyer and going to court. Although having an excellent lawyer is essential, you’ll also need to provide proof. Unfortunately, you likely won’t win anything on just your word alone; you’ll need to provide tangible evidence that shows that your loved one died due to someone else’s negligence.
The Proof You’ll Need to Win a Wrongful Death Case
Whether your loved one was killed by a drunk driver in Austin, died because a doctor didn’t diagnose the correct medical problem, or was killed by someone intentionally, you’ll need to prove that the following four conditions existed in order to win your case:
- Duty of care. In order to be found negligent, the defendant must have owed the victim a “duty of care,” or had a responsibility to keep another person safe or refrain from doing something that would harm a person.
- Breach of duty. The plaintiff must provide evidence that the defendant breached the duty of care. For instance, in a drunk driving case, the victim’s side must have proof that the driver was intoxicated behind the wheel.
- Causation. The plaintiff must prove that the defendant’s actions were the cause of the victim’s death. For instance, in a medical malpractice case, proof must be provided that the defendant is the person who actually caused the death, and not other circumstances.
- Damages. Defendants must prove that the victim’s death actually resulted in damages, such as financial losses.
Wayne Wright Wants to Help
Attempting to win your wrongful death case on your own without help from an attorney will almost surely end in disaster. The attorneys of Wayne Wright have experience helping victims in the Austin area with their wrongful death claims and want to use our expertise to help you with your case. Schedule your appointment to speak with a lawyer about your case by calling 800-237-3334.