Maybe you were involved in a severe and complex multi-car accident which killed someone you loved. You know that he/she would still be alive if they had not been involved in that car accident. What are you to do? Well, to start with, consult a personal injury lawyer to help you build a strong case that will convince a jury and have them rule in your favor.
While the answers to this question may seem obvious, they are really not as any personal injury lawyer could attest to. In order to prove that you have suffered from a wrongful death, you must first know how the legal profession views and defines a wrongful death. Since accidents can happen in many ways, wrongful deaths can happen under a number of situations. These include:
● Any sort of a traffic accident
● Premise liability claims. These include slips, falls, and trips
● Deaths from the use of a defective product. This includes medical devices, and dysfunctional prescription medicines.
● Boating accident
● Fires and explosions
● DUI accidents
● Intentional abuse and violence
● Attacks and bites from dogs
● Abuse and neglect of elders in nursing homes
● Occupational hazards and exposure
● Medical malpractice. This includes any type of health error claims and negligence
Now that you understand how a wrongful death is defined and what it encompasses, it’s time to explain how to prove it.
How to prove a wrongful death
Any lawyer will inform you that the following legal elements must be proven in order for you to win a wrongful death case in court:
● It must have been a result from an accident already discussed
● You must be able to prove that the other party (the guilty party) caused it. A good example could be a fatal fall in a hotel resulting from a wet floor which the staff didn’t previously warn you about. If you want to win your case, you must be able to provide evidence proving a direct relationship between the guilty party’s negligent actions and the wrongful death you are suffering from.
● You sustained substantial losses and damages because of the death. A good example: your husband is the sole earner in your family. He was killed by a drunk driver and you lose your house because you no longer have the money to make regular payments.
You can win any wrongful death lawsuit provided that you seek advice from a trained and experienced personal injury lawyer in St. Catharines. The two of you can use the advice presented in this article to do additional research to craft a compelling case which you simply can’t lose in court.