How to Establish Negligence and Liability in a Wrongful Death Lawsuit

Establishing Negligence and Liability in a Wrongful Death Lawsuit

‍

‍

Wrongful death lawsuits require plaintiffs to prove that another party’s negligence or intentional actions directly caused their loved one’s death. Success hinges on demonstrating four legal elements and gathering robust evidence. Here’s how negligence and liability are proven in such cases:

‍

Four Elements of Negligence  

‍

Duty of Care

‍
The defendant must have owed a legal obligation to act reasonably to prevent harm to the deceased. This duty varies by context:

‍

1. Drivers must follow traffic laws.
2. Medical professionals must adhere to standards of care.
3. Property owners must address known hazards.

‍

Breach of Duty
‍

A breach occurs when the defendant fails to meet the expected standard of care. Examples include:

‍

1. Speeding or drunk driving.
2. Medical errors (e.g., misdiagnosis).
3. Ignoring safety protocols in workplaces.

‍

Causation

‍
Plaintiffs must link the breach directly to the death using:

‍

1. Actual cause: The death would not have occurred “but for” the defendant’s actions.
2. Proximate cause: The death was a foreseeable consequence of the breach.
   Evidence like accident reconstructions or medical expert testimony is critical here.

‍

Damages

‍
Quantifiable losses must be shown, such as:

‍

1. Economic: Medical bills, funeral costs, lost income, and benefits.
2. Non-economic: Loss of companionship, emotional distress.

‍

Key Evidence to Support Your Case  

‍

Accident/Police Reports: Provide official accounts of the incident.

Medical Records/Autopsies: Confirm the cause of death.

Witness Statements: Corroborate the defendant’s negligence.

Expert Testimony: Clarify technical details (e.g., forensic pathologists, economists).

Visual Evidence: Photos or videos of the scene.

‍

Challenges and Legal Considerations  

‍

Contributory Negligence: In North Carolina, if the deceased shared fault, recovery may be barred.

Statute of Limitations: Claims must be filed within two years of the death in North Carolina.

Defenses: Defendants may argue the assumption of risk or dispute causation.

‍

Steps to Prove Fault  

‍

1. Collect Evidence: Secure medical records, accident reports, and witness accounts.
2. Consult Experts: Use accident reconstructionists or medical professionals to validate claims.
3. Build a Timeline: Demonstrate how the defendant’s actions led to the death.
4. Negotiate or Litigate: Pursue a settlement or trial based on the strength of evidence.

‍

If you need assistance navigating a wrongful death claim, contact Hall & Dixon at 725 E. Trade Street Suite 115 Charlotte, NC 28202 or call (704) 993-6825. Their team is available Monday through Friday from 9 a.m. to 5 p.m. to help families secure justice and compensation.

‍

Read: Essential Evidence to Prove a Wrongful Death Case in North Carolina